Answering Your Questions Regarding Motor Vehicle Accidents

If you or a loved one was involved in a car, truck, or other type of accident in San Antonio or the surrounding areas of Texas, you probably have questions about what happens next — especially if you are thinking about calling a lawyer. Below are the answers to a few of the questions we are frequently asked here at Gamez Law Firm. We hope you find them helpful.

What to Do After a Vehicle Accident

If you were injured in a car accident, take this inmediate actions:

• Safety First: Ensure the safety of yourself and others involved in the accident.
• Contact the Police: Report the accident to the police as soon as possible. Obtain a copy of the police report, which will be crucial for your claim.
• Seek Medical Attention: Even if you don’t believe you have serious injuries, it’s essential to seek medical attention promptly. Some injuries may not be immediately apparent.
• Gather Evidence: If possible, take photos and videos of the accident scene, including vehicle damage, skid marks, and road conditions.
• Exchange Information: Exchange contact and insurance information with the other driver(s) involved.
• Contact Your Insurance Company: Notify your insurance company about the accident as soon as possible.

tAt-Fault and Comparative Negligence Laws

Texas operates under a modified comparative negligence system. This means that even if you are partially at fault for the accident, you may still be able to recover compensation. However, your compensation will be reduced in proportion to your degree of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. It’s important to note that if you are found to be 51% or more at fault for the accident, you will generally not be able to recover any compensation at all.

raInsurance and Compensation

Insurance companies are businesses, and their primary goal is to protect their bottom line. It’s crucial to understand that any communication with an insurance adjuster can be used against you. Therefore, it’s highly advisable to consult with an experienced car accident attorney before giving any statements to insurance adjusters or signing any settlement offers. An attorney can advise you on your rights and help you navigate the complex insurance claims process.

Uninsured/Underinsured Drivers

Accidents involving uninsured or underinsured drivers present unique challenges. If the at-fault driver lacks sufficient insurance coverage to compensate you for your losses, you may be able to file a claim with your own uninsured/underinsured motorist (UM/UIM) coverage. However, the amount of coverage available under your UM/UIM policy may be limited. An experienced car accident attorney can help you explore all available options to recover the compensation you deserve, even when the at-fault driver is uninsured or underinsured.

Types of Damages

Car accident victims may be entitled to various types of damages to compensate them for their losses.

• Economic Damages: These are quantifiable financial losses, such as:
  • Medical expenses (past, present, and future)
  • Lost wages (past, present, and future)
  • Property damage
  • Loss of earning capacity
• Non-Economic Damages: These are damages that are more difficult to quantify, such as:
  • Pain and suffering
  • Emotional distress
  • Loss of consortium (loss of companionship)
  • Disfigurement
  • Loss of enjoyment of life

How Long Do Victims Have to File a Motor Vehicle Accident Claim in Texas?

In Texas, you generally have two years from the date of the accident to file a lawsuit for injuries sustained in a car accident. This legal deadline is known as the “statute of limitations.”  It’s crucial to act promptly, as missing this deadline can permanently bar you from seeking compensation for your injuries and damages.

What Documentation Do I Need?

Gathering and organizing all relevant documentation is crucial for a successful car accident claim. Here’s a checklist of important items:

• Police report: Obtain a copy of the official police report from the investigating officer.
• Medical records: Gather all medical records related to your injuries, including doctor’s notes, hospital bills, and prescriptions.
• Photographs: Take photos of the accident scene, vehicle damage, and your injuries.
• Witness statements: If any witnesses observed the accident, obtain their contact information and statements.
• Insurance information: Gather all relevant insurance information, including your own policy and the insurance policies of the other driver(s) involved.
• Employment records: If you missed work due to your injuries, gather documentation of your lost wages.
• Repair estimates: Obtain estimates for the repair or replacement of your vehicle.

Who Will Pay My Medical Bills?

If you have the right insurance coverage, your insurance company may pay for some or all of your medical expenses after a motor vehicle accident. If you do not have such coverage, or if you need help paying now, we can help you find a solution.

Do I Need An Attorney?

If you want to give yourself the best chance at obtaining the compensation you need and deserve, it is wise to work with an experienced personal injury lawyer from the very beginning.

When Should You Hire a Lawyer?

It’s generally advisable to consult with an experienced car accident attorney as soon as possible after the accident. An attorney can provide immediate guidance, protect your rights, and begin investigating your case while you focus on your recovery. Most car accident attorneys work on a contingency fee basis, meaning you only pay them a percentage of the settlement or judgment you receive. This removes the financial burden of legal fees upfront.

How Much Does It Cost?

At Gamez Law Firm, we work on a contingency fee basis. That means you don’t have to pay anything unless we are successful in obtaining compensation for you.

How Much Is My Claim Worth?

The amount of compensation you may be able to obtain through a claim is entirely dependent on the circumstances of your case. A variety of factors can impact how much a claim is worth, including the extent and severity of your injuries and whether you had to miss work because of your injuries. In a free consultation, we can review your case and help you determine what it may be worth.

How Long Will The Process Take?

The timeline for resolving a motor vehicle accident case can vary significantly depending on the complexity of the case, the severity of injuries, and the cooperation of the insurance companies. Simple cases with minor injuries and clear liability may settle within a few months. However, more complex cases involving serious injuries, multiple parties, or disputed liability can take a year or more. At Gamez Law Firm, we know that waiting a long time is not ideal for most people. We strive to help you achieve a fair settlement as quickly as possible.

How Do I Prove That Someone Else Caused My Accident?

Proving that another individual or entity was negligent in your accident is an important part of obtaining fair compensation. Learn more about this process by visiting our “How to Prove Negligence” page.

Ask More Questions In A Free Consultation

Have more questions? We can help answer them in your first consultation. To arrange a time to meet at a time and place that is convenient for you, please call us at 210-736-4040 or contact us online.

Additional Resources

What damages are available through a personal injury claim?