In 2023, 4,238 people lost their lives in Texas motor vehicle accidents, as reported by the Texas Motor Vehicle Traffic Crash Facts. In total, for each hundred million miles driven in the state, 1.45 fatalities occurred. Many more injuries also happened during the same year and every year on Texas roadways.
When a car accident causes serious injuries or fatalities, surviving victims or their loved ones have important legal rights. They can pursue a claim for compensation from the driver at fault for the crash. However, they have a limited time to take action and specific things they must prove for their claim to be successful.
Navigating the legal process post-collision can be complicated, but a San Marcos car accident attorney can provide invaluable help. George Salinas Injury Lawyers brings 110 years of collective experience to your car accident claim.
Our compassionate and knowledgeable attorneys know you are more than just a number and your case matters. At George Salinas Injury Lawyers, we’ll work hard from day one to get you the money you need to recover and move forward after a crash. Give us a call today at (210) 225-0909 to schedule a consultation and learn more about the advocacy we can offer.
What Should You Do After a Texas Car Accident?
After a Texas car accident, the Texas Department of Transportation makes your obligations clear. The DOT advises that you:
- Check for injuries
- Move the car out of the path of traffic if it is possible and safe to do so
- Exchange contact details with the other driver, including addresses, telephone numbers, and insurance information
- Take note of the crash location and record contact information and other details from witnesses to the accident as those witnesses could potentially provide invaluable information if there is a dispute over the crash cause
The DOT also says you should call the police if:
- The accident involved an injury or a fatality
- You cannot move the vehicles
- There’s a possibility that one of the drivers is intoxicated
- Either of the drivers does not have insurance coverage
- Either of the drivers leaves the scene of the accident
The police can make a report of the incident which can also help you in your car accident claim.
In addition to following these DOT instructions, you should get prompt medical help both to ensure that all injuries are properly diagnosed and to ensure that there is documentation of the damage caused by the crash.
In some cases, symptoms do not appear immediately. This is an especially common issue with conditions like whiplash. In the days following the accident, if you begin experiencing any medical issues, you should seek medical help immediately so you will have a record of your injuries and so you will be able to hold the other driver accountable for losses and damages.
How Can A San Marcos Car Accident Attorney Help You?
Texas follows fault laws for auto accidents, which means you can pursue a claim against the other driver after any accident that injures you if they cause the crash to occur. This is a distinction from no-fault states where you can only pursue a legal claim for damages from the responsible driver if you sustain more serious injuries.
Texas also follows modified comparative fault rules. As Texas Code Section 33.001 explains, “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” This means if you bear the majority of the blame for the collision, you cannot take legal action against the other driver. However, as long as the other driver was at least 51% responsible, you can make your case and get compensation.
The amount you receive will be reduced based on your percentage of fault, which Texas Code Section 33.003 states must be determined by the “trier of fact.” So you should be able to recover partial compensation under these rules if the other driver’s negligence or wrongdoing led to your accident.
You have the burden of making your claim, though, and a San Marcos car accident lawyer can provide invaluable assistance with this process. Your attorney can:
- Help you to gather evidence to prove the other driver was unreasonably careless or violated a safety rule and thus should be held liable for the losses you’ve experienced.
- Assist you in determining what your case is likely to be worth, given the extent of your injuries.
- Help you to document your losses, including by taking steps such as keeping a pain journal that shows how your injuries impacted your ability to work and your quality of life
- Work with you to identify all potential defendants, which could include not just the defendant but also others who share responsibility. For example, employers can be held liable for the negligent acts of their staff members if “those acts are within the course and scope of his employment,” according to Painter v. Amerimex Drilling I, Ltd .
- Negotiate a settlement with the insurer if you want to avoid court proceedings, or fight for you in trial if you cannot reach a fair settlement agreement.
Navigating the legal system is complicated and not something you should be focused on as you try to recover from your injuries or cope with the death of a loved one. Let your San Marcos personal injury attorney handle these issues for you.
Getting Help from a San Marcos Car Accident Attorney
At George Salinas Injury Lawyers, we are here and ready to fight for your right to be “made whole” or fully compensated for a crash. We will not charge you legal fees for representation unless we recover compensation for you and we offer free consultations so you can learn more about the services we can offer to you.
When you are ready to pursue your claim, give us a call or contact us at (210)-225-0909. You have just two years to file a personal injury claim from the time of the incident, according to Texas Code Section 16.003, so don’t hesitate to reach out to our firm today so we can start working for you.