Every time we buckle up and hit the road, we enter a dynamic environment where safety and uncertainty San Antonio is one of Texas’s leading technology hubs, but its success and expansion have brought with it busier and more hazardous roads. According to the San Antonio Current, Alamo City boasts the third-most dangerous roads in the state.
With that in mind, knowing what to do is crucial if you’re involved in an accident. With the Texas Department of Transportation reporting 39,355 motor vehicle collisions in 2022, understanding your rights and what to do ensures you can seek damages.
In this comprehensive legal guide, we explore the unique car accident landscape of San Antonio, what to do if you’re involved in a car accident, and how to ensure that you maximize your car accident settlement.
Local Expertise: San Antonio Car Accident Lawyers
Were you struck by another driver and injured in San Antonio?
One of your first calls should be to a local personal injury attorney to defend yourself from unscrupulous auto insurance firms and guarantee that your legal rights are protected.
Navigating the legal minefield of car accident claims is complicated, and one wrong move could jeopardize your ability to receive the full compensation you’re entitled to.
At DJC Law, we’re the local car accident law firm that understands the intricacies of personal injury claims. Leverage our years of experience and client-centered approach to take on insurance adjusters, prove fault, and hold at-fault drivers to account.
Unsure whether you have a case? Contact DJC Law for a free consultation and complete case evaluation now.
San Antonio’s Unique Car Accident Landscape
San Antonio’s car accident rates have remained stubbornly high in recent years. Worryingly, certain causes continue to change lives for the worse each year. For example, 10,945 car accidents resulted from speeding in 2022, representing around a third of all car accidents in the city and surrounding area.
We’ve researched San Antonio’s car accident landscape to uncover the challenges posed by driving in and around the city to determine the major causes of auto collisions and the most dangerous areas for San Antonians.
Some of the biggest causes of San Antonio’s high car accident rates include:
- Congestion – More vehicles on the road increases the likelihood of vehicles colliding with each other. According to CultureMap San Antonio, the city was the 25th most congested city in America, resulting from existing infrastructure being overwhelmed by an expanding population.
- Development – WOAI reported that San Antonio is officially the fastest-growing city in America. Drawn to its position as a major tech hub, young professionals and families have forced an unprecedented era of development, leading to more construction zones and congestion.
- Weather Hazards – Anyone who lives in San Antonio realizes how hazardous driving conditions can be when adverse weather patterns hit. Heavy rainstorms and poor drainage are just some of the issues that drivers face every year.
Despite these hazards, poor driving habits also contribute to the city’s accident rate. According to the Texas Department of Transportation, 19% of all accidents involve an element of distracted driving. Moreover, the City of San Antonio reports an uptick of 33% in distracted driving crashes since 2020.
Bexar County Traffic Accident Overview
The authorities in Bexar County have taken action to make San Antonio’s roads safer. According to the San Antonio Express-News, Bexar County crashes hit their lowest levels in a decade in 2023, indicating a significant success story resulting from the $400,000 in additional funding to promote road safety.
Despite this, accident rates remain far too high. For example, My San Antonio reported that 12% of all pedestrian-related fatalities occur in Bexar County. Likewise, it’s also the third biggest hotspot for truck accidents.
Driving under the influence is another standout hazard in Bexar County. According to Texas Public Radio, they reported that San Antonio has the highest rate of drunk driving crashes per capita of any major Texas city, including Dallas, Houston, and Austin. Unfortunately, this makes San Antonio one of the top five worst cities in America for drunk driving collisions.
Despite the advancements made in the last few years to make roads safer, it’s evident that Bexar County has failed to adapt to the near-constant development caused by the area’s economic success.
Major Highways and Accident-Prone Areas
Like most major cities, San Antonio isn’t broadly dangerous. Instead, most accidents are confined to several major highways, including the Interstate 10 Corridor, Loop 1604, and US-281. Drivers approaching the city’s accident hotspots should exercise extra caution and adopt a defensive driving stance to protect themselves.
Let’s investigate these three accident-prone zones:
- Interstate 10 Corridor – Interstate 10 is the primary road crossing the city from east to west. It’s known for heavy commercial trucks making deliveries within San Antonio and beyond. The higher speed limits, mixed traffic profiles, and constant construction zones make this area a huge hazard, especially the intersection connecting I-10 with Loop 1604.
- Loop 1604 – Loop 1604 is the ring road that circles the city and is one of the most popular freight and commuter routes. Suburban developments at different points have only added to traffic volumes, with intersections and narrow lanes representing significant problems.
- US-281 – The US-281 is the north-south corridor leading to the downtown zone and the rural areas beyond the northern and southern suburbs. Urban zones suffer from regular congestion, whereas rural zones have higher speed limits than already complex roadways.
Each road presents significant challenges to drivers, but they all have the same issues in common. All these roads have mixed traffic types, higher speeds, considerable congestion, and increased complexity. Things only get worse with the slew of construction zones as the city scrambles to widen these major highways to increase capacity and ease congestion.
These challenges are also adding to another problematic trend on Texas’s roads: the increase in road rage shootings. According to Axios, San Antonio is one of the top cities in America for road rage shootings. Sadly, 72% of road rage incidents in Texas involving a gun led to serious injury or death.
Understanding Car Accident Claims in San Antonio
Car accident claims are there to help accident victims seek recourse for damages caused in accidents that weren’t their fault. Whether you settle with the at-fault driver’s insurance company or file a personal injury lawsuit, hiring an attorney is critical to getting the settlement you deserve.
However, understanding issues like the legal threshold for claims and determining whether you have a case is pivotal to deciding on your next move.
Legal Threshold for Viable Claims
Texas is an at-fault state. In an at-fault state, the party to blame for the accident is required to cover the damages of the injured party. The Lone Star State also has a 51% rule in place, meaning that if you’re more than 51% to blame for an accident, you’re barred from receiving monetary compensation.
Another issue to consider is whether you’ve filed your case in time. Texas’s personal injury laws state that you have two years from the date of your accident to claim. If your case is a wrongful death lawsuit, the statute of limitations begins with the death of the victim.
Finally, you must demonstrate that the other party had a duty of care, they breached that duty, and their actions or inactions led to you suffering losses. Proving this connection is on the plaintiff, and without providing sufficient evidence, you won’t reach the legal threshold of a successful Texas personal injury claim.
Initial Case Evaluation Criteria
Approaching a lawyer for a case evaluation will tell you whether you have a viable car accident claim. Attorneys will focus on the four key elements of successful cases before deciding whether to take on your case. These four elements include the duty of care, a breach of that duty of care, causation, and damages.
Here’s what these four elements look like:
- Duty of Care – The at-fault party must have had a duty of care to protect you from harm.
- Breach of Duty – If the at-fault party had a duty of care, you must prove that they breached that duty of care through their actions or inactions.
- Causation – The breach of duty of care must have resulted in your injuries, losses, and other damages.
- Damages – The fourth and final element is that you must have documented evidence of actual losses because of what the at-fault party did.
Only with these four elements accounted for will you receive compensation for an accident in San Antonio. The burden of proof is on you to demonstrate these four elements, including surveillance footage, police accident reports, medical reports, and eyewitness testimonies.
Comparative Negligence Explained
Comparative negligence is a principle of tort law that assigns blame disproportionately. In layman’s terms, comparative negligence is a partial legal defense that reduces how much compensation a plaintiff can receive based on their contribution to the accident.
Texas uses this model in personal injury cases because it’s an at-fault state. In contrast, a no-fault state means an accident victim claims through their own insurance company, and who was at fault doesn’t come into it.
Texas Comparative Negligence Law
Texas uses the modified comparative negligence model for personal injury cases. In a car accident, the Texas Modified Comparative Negligence Standard applies. All parties are eligible to seek damages, but each may be assigned some of the blame, which will impact their settlement.
51% Bar Rule Breakdown
The 51% bar rule states that you can't claim any monetary compensation if you’re considered more than 51% responsible for a car accident. Anything under this bar still allows you to claim compensation, but any settlement award will be reduced according to how much of the blame the plaintiff has assumed.
How does fault impact compensation using the 51% bar rule?
Let’s say that Driver A is 100% responsible for your car accident, and you’re awarded $200,000. You would receive the full $200,000 settlement because Driver A was 100% liable for your losses. However, some accidents aren’t this clear-cut.
In another scenario, Driver B is 70% responsible for your accident, meaning you were given 30% of the blame. For example, it may have been found that you were speeding at the time. If you were awarded $200,000, your final settlement would be $140,000 because of the 30% blame you assumed.
Finally, let’s say that Driver C was assigned 40% of the blame for your accident. In this scenario, you’re 60% responsible for your car accident, thus putting you over the 51% bar. Since you’re more than 51% responsible, you wouldn’t be able to claim a financial settlement under Texas law.
Calculating Partial Responsibility
Partial or shared liability means multiple parties are responsible for the accident. Texas personal injury cases will always use percentage terms to assign liability, and it’s one of the most contentious issues in car accident claims.
Here’s an example of why things can get so complicated:
Driver X is tailgating Driver Y and hits them behind when the latter comes to a stop. However, the incident happened at an intersection, and Driver Y didn’t use their turn signals, but Driver X was following too closely. Both drivers clearly contributed to the accident, but how much were they to blame?
Other factors could make the same scenario even more complicated. For example, let’s say that Driver X was texting on their smartphone at the time or Driver Y was driving under the influence. Again, both parties have committed traffic violations, so who is to blame the most?
That’s why negotiations can drag on when liability is disputed. It’s just one of the many situations where experienced car accident attorneys are so helpful in pursuing your case.
What Type of Compensation is Available After a San Antonio Car Accident?
All accident victims have the legal right to pursue compensation for their damages. Losses are split into economic and non-economic forms, with the former pertaining to things like medical bills and the latter relating to issues like mental anguish.
The value of an experienced personal injury attorney is factoring in every potential tangible and intangible loss to maximize the value of your settlement. So, what types of compensation could you be eligible for if you were struck by a negligent driver?
Medical Expense Recovery
Medical expenses are often the biggest worry for clients after a car accident. According to figures from the National Highway Traffic Safety Administration (NHTSA), the average treatment cost for injuries sustained from an auto collision is $15,000.
Some of the expenses you can claim back as part of your settlement include:
- Surgery
- Ambulance costs
- Hospital stays
- Prescription medication
- Physical rehabilitation
- Mental health treatments
- Mobility devices, including canes and wheelchairs
Lost Wage Compensation
Any money you lose from being unable to work can also be included in your settlement package. Likewise, if you cannot return to your usual job at all, this will be factored into the calculations under future lost earnings.
Property Damage Claims
All car repair costs and damage to personal property are eligible to be claimed as part of a personal injury lawsuit. This may include repairs to your vehicle or the cost of replacing your vehicle if it’s totaled.
Pain and Suffering Calculations
You may also claim for pain and suffering. Depending on the long-term impact of your injuries, this may include permanent disability, loss of consortium with your spouse, disfigurement, and mental anguish.
Texas uses one of two methods to calculate pain and suffering:
The first option is the multiplier method, which is used in the majority of cases. A multiplier of between one and five, with the latter being for the most severe cases. The number will be multiplied by your total economic losses to arrive at a final figure.
For example, if you received a pain and suffering multiplier of three and your economic losses were $100,000, you’d receive $300,000 in pain and suffering damages.
In some cases, courts may use the per diem method for pain and suffering. Under the per diem method, a daily dollar amount is assigned to your case. It’s then multiplied by the total number of recovery days to arrive at your pain and suffering figure.
For example, if you needed 100 days to recover and your daily dollar amount was $95, you’d receive $9,500 in pain and suffering damages.
Emotional Distress Compensation
Compensation for emotional distress focuses on the psychological impact of your accident. For example, you may have been diagnosed with Post-Traumatic Stress Disorder (PTSD). Your emotional distress will then be added as a non-economic damage.
Note that your family members are also eligible to claim for emotional distress. For example, if a parent lost their life, emotional distress compensation could be awarded to the dependents they left behind.
Loss of Quality of Life
Accident victims suffering from long-term consequences of an accident may claim loss of quality of life. This type of compensation represents the lasting consequences of your injuries and may include damage to your reputation, permanent impairment, or the loss of a sensory function.
Loss of quality of life can also include if you’re unable to carry out activities you formerly enjoyed. For example, if you were a keen amateur golfer and your injuries meant you could no longer swing a club, you could claim compensation for it under this category.
Punitive Damages in Extreme Cases
Some personal injury lawsuits result in punitive damages. The purpose of punitive damages is to punish the at-fault party in cases where they were excessively negligent or particularly reckless. Judges can award punitive damages at their discretion.
How Long Do You Have to File a Car Crash Claim After Your Accident?
Texas uses a two-year statute of limitations for all personal injury claims, which includes car accidents. The two-year statute of limitations applies from the date of your accident. If you fail to file a lawsuit in time, you lose your right to claim compensation.
Understand that negotiations with auto insurance firms aren’t the same as a lawsuit. That’s why it’s recommended to enter negotiations with the help of an attorney as soon as possible to avoid the statute of limitations from running out.
What are Most Lawyer Fees for a Car Accident Injury Claim?
Personal injury attorneys typically use the contingency fee model for their clients. Under this model, you will only pay legal fees if you win a settlement. All fees come from the final settlement before the remainder is dispensed to you. The average fee is 33-40% of the final settlement.
Your lawyer should be upfront with you about their fees before you hire them to handle your case. Also, ask about any costs you may incur, whether you win or lose. The attorney’s fee model should be entirely transparent.
Remember, these costs might sound high, but numbers from Nolo show that lawyer-led claims result in an average settlement that’s three to four times higher than plaintiffs who file their own lawsuits.
How Long Do Most Car Accident Settlements Take? Settlement Process & Timeline
Every case is unique, meaning there’s no precise estimate of how long your case could take. Likewise, the law places no upper limit on how long car accident cases could take. That’s why high-value and contentious cases can last for years.
Generally, settlement timelines range from a few months to years. Working with your lawyer will enable you to get a more accurate estimate of how long it could take for you to receive a settlement.
Stages of a Car Accident Claim
Each car accident lawsuit has its nuances, but all claims follow the same set of steps. Your journey begins from the moment you report your accident to your auto insurer and enlist the help of a lawyer.
Here are the steps to your car accident claim:
Initial Investigation
Insurance adjusters and legal professionals launch the process by investigating your crash and establishing what happened. It will involve gathering evidence and putting it together to paint a picture of who was at fault.
Types of evidence your lawyer will rely on include:
- Photos
- Dashcam footage
- Police accident reports
- Eyewitness statements
- Expert witnesses
- Medical reports
Most investigations conclude within a few weeks. However, your timeline may take longer if the case is especially complex or there are problems collecting evidence.
Demand Letter Preparation
Your attorney fills out a demand letter. The letter is a formal request for compensation, featuring a round-up of your injuries, the evidence of why the other driver was at fault, and calculations of how your legal team came up with the dollar figure requested.
The date you submit your demand letter depends on your injuries. Generally, if your medical status and long-term care needs have yet to be determined, they will hold off on sending the letter.
Negotiation Phases
The other auto insurance firm will assess your demand letter and begin the negotiation process. Your lawyer engages with the auto insurance firm to haggle over the amount that you’re due. Expect multiple rounds of negotiations as your lawyer provides more evidence to deal with the insurance company’s arguments.
Should negotiations come to a halt, mediation may be requested. However, if no figure can be established, your attorney will file a personal injury lawsuit, and a court will decide the matter.
Factors Affecting Settlement Duration
Someone else’s experience won’t necessarily be your experience. However, certain factors can increase or decrease your expected timeline. Experienced personal injury attorneys can communicate these to you throughout the process and continually update your timeline.
Here are the main factors influencing settlement durations:
- Contested liability
- The severity of your injuries
- Bad faith tactics from the insurer
- Threats of litigation
- Case complexity
Nobody wants to go to court to decide the issue, but insurers are likelier to take this route in high-value cases with disputed liability. We know it’s frustrating when cases drag on, which is why working with an attorney is vital for overcoming underhand tactics and speeding up your timeline.
Expediting the Claims Process
Unfortunately, there’s only so much you can do to speed up the claims process. Hiring an experienced personal injury lawyer is the best course of action, as they’ll be able to maintain pressure and respond promptly to all communications from the defendant’s insurance company.
Some of the other things you can do include:
- Replying to document requests fast.
- Providing clear information to all parties.
- Staying in contact with your attorney.
- Requesting third-party mediation.
We understand the strain that waiting for a settlement can place on you and your family, but speed should always be secondary to receiving a fair settlement package. Listen to your lawyer and heed their advice on settling or going to court.
Why Should I Hire a Car Accident Attorney?
Hiring a car wreck attorney is essential to pursuing your compensation claim. With a legal professional by your side, you have expertise and experience in dealing with insurance firms, other lawyers, and the overarching court system. More importantly, you have the peace of mind that you have the most qualified hand in dealing with your case while recovering from your injuries.
Wondering if a San Antonio attorney is right for you? Here are some of the reasons why it’s the best move you can make:
- Extensive legal knowledge on your side.
- Tough negotiators to thwart insurance agencies.
- Objective advice on your case.
- Explore every legal avenue to prove fault and loss.
- Make collecting all available evidence a breeze.
- Court representation to work your way through complex legal procedures.
Car accident claims are the last thing you want to worry about after a traumatic experience. Your attorney is there to give you the breathing room to recover from your injuries and begin putting your life back together.
Hire a lawyer to give yourself the best chance of receiving the compensation you deserve and holding at-fault parties to account.
What are Common Car Accident Injuries?
Some of the most common injuries include cuts and bruises, back and neck injuries, concussion, scarring, burns, and soft tissue injuries. Injuries can occur even in low-speed collisions. According to the U.S. Centers for Disease Control (CDC), an average of 2.35 million Americans are injured every year.
Here are the most common injuries reported from car crashes in the U.S.:
- Whiplash
- Concussions
- Back strains
- Neck strains
- Lacerations
- Nerve damage
- Burns
- Partial/total paralysis
- Internal bleeding
- Anxiety/depression
- Post-Traumatic Stress Disorder (PTSD)
- Soft tissue injuries
- Scarring
- Disfigurement
All injuries have the potential to cause enormous pain and discomfort. Many Texas car accident victims experience chronic issues that can result in their lives being turned upside down. You can’t turn back the clock, but partnering with a lawyer gives you the best possible chance of receiving financial compensation for your injuries.
What are the Common Causes of Car Accidents in San Antonio?
San Antonio’s unique car accident landscape means it has a unique car accident profile. Some of the most common causes of car accidents in the Alamo City include speeding, distracted driving, and driving under the influence.
Here’s a breakdown of the most common causes:
- Speeding – Speeding remains one of the most common causes of accidents in San Antonio and Texas, with the San Antonio Report finding nearly 11,000 accidents in 2022 resulted from speeding.
- Distracted Driving – According to the San Antonio Express-News, distracted driving is the leading cause of car accidents in Texas. The Lone Star State ranks eighth for the most such incidents in the country.
- Failure to Yield – Not yielding when required is a traffic violation and a leading cause of intersection accidents. The Texas Department of Transportation reports an average of 45,000 accidents annually due to drivers failing to yield.
- Driving Under the Influence (DUI) – The State of Texas reports that 37% of all crash-related fatalities are linked to one or more drivers operating their vehicles under the influence.
- Weather-Related Crashes – Heavy rain and fog are two examples of conditions that can increase the risk of crashes. The Federal Highway Administration reports that weather-related accidents make up 21% of all accidents across the country.
Knowing the most common causes of motor vehicle accidents in the city can help you prepare yourself and spot danger before it’s too late. If you experienced a crash involving any of the above factors, you may have a claim. Contact a lawyer for more information on whether you could be eligible for compensation.
Uninsured and Underinsured Motorist Claims
Uninsured and underinsured motorists present a barrier to claiming compensation. An uninsured or underinsured motorist lacks the coverage to pay out thousands of dollars in claims, meaning you could be left out of pocket.
Obtaining uninsured/underinsured insurance coverage is vital for protecting yourself from harm. If an at-fault driver doesn’t have insurance or sufficient insurance to cover your losses, you can take advantage of this coverage through your own insurance provider. Likewise, if a driver hits you and drives away without being found, this coverage can be used to cover your losses.
Texas Specific Protections
Texas has specific protections to prevent auto accident victims from being hung out to dry when hit by uninsured and underinsured drivers. With the Texas Department of Motor Vehicles estimating that as many as 20% of all drivers do not have insurance, the state has acted.
Texas Insurance Code § 1952.101 obliges all auto insurers to offer uninsured/underinsured motorist coverage whenever they sell an auto insurance policy. You can reject it, but this has to be done in writing.
Uninsured/underinsured motorist coverage will cover a range of damages, including medical bills, lost wages, property damage, pain and suffering, and funeral costs.
Claim Filing Process
How do you file a claim if you were injured in an accident that wasn’t your fault?
Firstly, you’ll notify your insurance company that you were involved in an accident. You’ll file a claim with your insurance company and provide evidence that the at-fault driver either didn’t have insurance or didn’t have sufficient insurance. You’ll work out your damages with your insurer and determine how much you could be entitled to.
Remember, the burden of proof is on you when making an uninsured/underinsured motorist claim. For example, a police report can show that a driver didn’t have insurance or that they fled the scene.
It’s best to support your claim with the help of a lawyer. Remember, insurers are there for their bottom lines, not to support you. Attorneys gather all the necessary evidence and argue why you’re entitled to compensation.
What to Do After a Car Accident in San Antonio
Your priorities after a car accident in San Antonio are seeking medical attention, calling the police, and gathering as much evidence as possible. It’s natural that you’re overwhelmed by the situation, but remembering the right steps to take will support any future claim you make against the at-fault driver.
Here’s the basic step-by-step process to follow after your accident:
- Call 911 and ask for an ambulance (if you’re injured) and a traffic officer to attend the scene.
- Exchange insurance details with the other driver, as you’re required to do by law.
- Collect as much evidence as possible from the scene by taking photos and the contact details of any eyewitnesses.
- Wait for a police officer to arrive and fill out a police crash report.
- Visit your nearest emergency room for a medical examination to rule out any hidden injuries, such as concussion or internal bleeding.
- Report your accident to your auto insurer.
- Call a lawyer to discuss your next steps and determine whether you have a case.
Why Choose DJC Law?
Don’t just choose any law firm to represent you. Choose the law firm that leaves auto insurance firms quaking in their boots with a 99% case win rate and more than $400 million in settlements won over the past 25 years.
DJC Law is the largest veteran-owned personal injury law firm in Texas, and we’ve built our reputation by serving hardworking San Antonians during their lowest moments.
Our client-centric approach means we don’t treat you like a case number but like an individual. That’s why so many families have remained friends with us even after their cases have ended. If you need a law firm that never takes no for an answer and one that actually understands the needs of your local community, contact us for your free consultation today.
Contact DJC Law Serving San Antonio, TX, to Schedule a Free Case Evaluation
Are you entitled to compensation?
Find out whether you have a viable personal injury lawsuit with a free consultation with one of our experienced attorneys. We’ll investigate your case and provide honest, transparent advice on whether you have a case and what to do next.
Let’s get started on your case and ensure you receive the justice you deserve!
Car Accident Lawyer San Antonio FAQs
What if you are in an accident with an uninsured or underinsured motorist in San Antonio?
Claim through your own insurer using your uninsured/underinsured motorist coverage. If you don’t have this coverage, file a personal injury lawsuit against the driver and let your attorney manage your case on your behalf.
How are damages from a car accident calculated?
Car accident damages are a combination of economic damages, supported by evidence like medical bills, and non-economic damages, such as pain and suffering. The severity of your injuries and the impact on your life long-term will determine how much you’re ultimately entitled to.
Who is liable for my medical expenses?
You’re liable to pay your medical expenses while your case is ongoing. If you can’t pay, you may need to explore other options, such as having a medical lien placed on your future settlement or a pre-settlement loan.
How do I know if I’m ok after a car accident?
Adrenaline can make it seem like you’re uninjured after an accident. Some injuries may take hours or days to surface. Visit your nearest medical facility for a full examination, and watch out for any symptoms in the days and weeks after your accident.
How do defective automobiles lead to car accidents in San Antonio?
Defective automobiles could result in accidents in San Antonio because they result in vehicles not functioning as intended. Examples could include faulty brakes, tire blowouts, or non-functioning airbags. If this happens to you, you may also have a personal injury claim against the auto manufacturer.
San Antonio Car Accident Additional Resources
Learn more about what to do after a car accident, your legal rights, and other important information that could impact your settlement with a selection of our other guides:
Steps to Take if Your Car Accident Insurance Claim is Denied
7 Proven Tips to Avoid Car Accidents
Car Accident Settlement Amounts: What to Expect