Experienced Car Accident Attorney Supporting You in Your Battle for Proper Compensation

Car accidents can happen to anyone at any time. Any time you start your car and hit the road, a life-changing accident can occur. Even if you are involved in a car accident that leaves you relatively unharmed and without suffering any significant injuries, the property damage caused to your vehicle may require you to pay hefty sums to get your car fixed. If the damage is substantial enough, you may need to total your vehicle and purchase a new one. Being in a car accident can be a headache and take up a significant amount of your time.

Filing claims with insurance companies, arranging alternate modes of transportation such as car rentals, rideshare services, and public transportation, and dealing with injuries ranging from mild to severe can be stressful and time-consuming. It is especially frustrating when you are responsible for dealing with so many moving parts, and the car accident you were in wasn’t your fault.

Barry Deacon Law is a law firm dedicated to assisting car accident victims when they need it most. Contact our law office today to schedule a free, secure, and in-depth case evaluation with our San Antonio car accident lawyer, who will gladly determine your legal options.

What Should I Do Immediately Following a Car Accident?

Figuring out what steps you need to take following a car accident can be tricky. Sometimes a vehicle gets so damaged in a wreck that you need to get it repaired. While it’s being repaired, you might need to rent a vehicle or use a rideshare service to get around town. And it is possible you have to do all of this while being injured. Trying to handle the various aspects that occur after being injured in a car accident can be stressful to deal with, especially if you are unfamiliar with the claims process.

Some of the most essential steps that you must take after being involved in a car accident include:

Contact the Authorities

Immediately after being involved in a car accident, remain on the scene and call 911 to report the accident. Be sure to check yourself and others for injuries. If there are injuries, request that emergency medical responders be dispatched to the crash scene. The police will give you a copy of the accident report, which you need to keep for your records.

Seek Medical Attention Immediately

If you are injured, you should seek proper medical attention immediately following the car crash. Many car accident victims do not seek medical help after being involved in a collision because they only feel mild pain. Even so, that pain might be suppressed by the adrenaline being produced by your body immediately following a collision. After the adrenaline wears off, you may realize your injury is much worse than you suspected. As your injury worsens, it may affect your ability to work, earn income, and pay your bills.

Seeking medical attention is also critical, as it provides an unbiased account of your injuries and a diagnosis of any lasting conditions. Insurance companies typically require medical documentation when processing claims, and this information will prove invaluable should the case go to court.

Collect Information and Possible Evidence

Collect names, phone numbers, car details, and insurance information from everyone involved in your car accident. This information can expedite any future claims you may pursue and help you get the compensation you deserve more efficiently. On top of the detailed information collected, also take photos and videos of the scene of the crash, as well as visual evidence of your car and other vehicle(s) involved. Photo and video documentation can be beneficial if any liability investigations occur and if you end up filing a claim for your accident. The more evidence you have, the stronger your case may be. If you or a loved one has been in a car accident, be sure to keep any information and evidence stored safely so it can be used when necessary.

Other Critical Points to Keep in Mind

Other key points to keep in mind after being involved in a car crash include:

• Avoid admitting fault. Insurance companies look for ways to avoid paying out claims and can use your statements against you to try to protect their profitability.
• Do not post statements, photos, or videos of the accident scene on social media. Insurance companies have legal teams who scour social media looking for evidence they can use to dispute claims.
• Do not agree to speak with the other party’s insurance company unless you have secured legal representation.

Why Do I Need to Contact a Car Accident Lawyer as Soon as Possible After Being Involved in a Collision?

The repercussions of a car accident may not be evident immediately. For example, the injuries you sustain may not truly affect you until further down the line. For many car crash victims, the physical pain of dealing with injuries sustained from a car crash can be incredibly problematic soon after the accident. Depending on your situation, you may have sick days available to use for a short period.

Nevertheless, if your injuries are severe enough, you may start losing income because you cannot return to work. One consequence is that you may have trouble affording proper health care, and paying medical expenses can quickly become a financial burden.

Due to the financial and legal complexities you may now face, it is always best to contact an attorney with significant experience handling car accident cases. A car accident attorney is trained in personal injury law and can sort through any questions you have. An attorney will also professionally assess the pictures and videos you took at the scene of the accident to determine the strength of your case.

An experienced attorney can advise you of your legal options and the next steps you need to take to hold the negligent driver accountable. Depending on the evidence presented, an attorney can help you file a claim to try to help you recover compensation for medical expenses, lost wages, and pain and suffering.

What are the Leading Causes of San Antonio Motor Vehicle Accidents?

Although countless factors can contribute to San Antonio car accidents, some are more frequently reported than others. Some of the most common include:

• Speeding or reckless driving
• Driver fatigue
• Failure to obey traffic laws
• Adverse road and weather conditions
• Poor vehicle maintenance

Drunk Driving

Drunk driving accidents can have deadly consequences, as alcohol can severely impair the driver’s reaction time and judgment. On many occasions, drunk drivers cause accidents by speeding, running red lights, or traveling the wrong way. A drunk driver’s reaction time is significantly impaired, making it challenging and at times impossible for them to avoid dangerous collisions with other motorists.

Commercial Vehicle Accidents

Commercial vehicle accidents can be dangerous collisions that leave motorists with serious injuries due to the size disparities between large trucks and smaller passenger vehicles. Trucking accidents can often be attributed to driver negligence, including speeding, driver fatigue, or improperly loaded cargo. In other instances, trucking companies push truck drivers to operate illegally over their Hours of Service (HOS) so they can deliver their loads early and move on to the next stop.

Distracted Driving

Even though numerous factors can contribute to San Antonio car accidents, distracted driving tops the list. Even though San Antonio has passed a law requiring drivers to use hands-free devices, many motorists still disregard it. As a result, many car accidents still occur that can be attributed to talking or texting while driving.

Other driver distractions include drivers paying attention to their GPS, passengers, or even eating while driving. Regardless of the underlying causes of your motor vehicle accident, the most effective way to deal with the legal issues that stem from a car accident is to hire an experienced personal injury lawyer who can assist you with the claims process.

What Injuries Frequently Occur in Auto Accidents?

Car accident attorneys have many injured clients who, aside from suffering the physical consequences of an auto accident, can’t afford to pay for their outstanding medical bills due to loss of income from the injuries they sustained. On top of not being able to afford the expensive medical costs following a car accident, these injuries can lead to not being able to perform basic daily tasks and the loss of enjoyment of life. These are some of the most common injuries sustained in a car accident that can affect your life:

• Whiplash
• Fractured bones
• Muscle strains
• Cuts and bruises
• Concussions
• Herniated disk
• Back injuries
• Neck and shoulder injuries
• Internal injuries
• Burns
• Disfigurations
• Soft tissue injuries

Catastrophic Injuries

Sadly, many car accident victims suffer catastrophic injuries that can result in severe, life-threatening injuries that leave individuals dealing with permanent damage, loss of mobility, or the potential for death.

Catastrophic injuries include:

• Loss of extremities
• Permanent organ damage
• Traumatic brain injuries
• Severe burns
• Spinal cord injuries resulting in paralysis

Catastrophic injuries typically require lifelong skilled medical care and ongoing testing that can quickly become cost-prohibitive for the families of the victims.

If you or a loved one has experienced any of those injuries or is unsure if your injury may be a reason to file a car accident claim, contact Barry Deacon Law, who has a proven record of handling car accident cases. Having helped many clients in the past, our experienced car accident attorney can help you get out of your stressful situation and set you up for success. Our personal injury lawyer will do whatever it takes to help you get the compensation that you deserve.

How is Liability Determined in an Auto Accident?

Depending on how your auto accident occurred, any number of parties may be responsible for your injuries and damages to property. If you were in a car crash due to another driver’s negligent driving behavior, such as driving while intoxicated, texting while driving, and speeding, among other reasons, you may have a good chance of winning your car accident case.

Some other lesser-known factors that are often considered in car accident cases include:

Vehicle Defects

Sometimes, your car accident may be due to a vehicle malfunction. In these instances, a car or parts manufacturer may be liable for any injuries or damages you sustained in your auto accident. Manufacturers are responsible for sufficiently testing their products and vehicles to ensure the safety of every driver on the road.

There are some cases where you can pursue a product liability lawsuit against a manufacturer for punitive damages. Punitive damages would award you with far more than the average amount of compensation to make an example of the manufacturer to deter any further mistakes from occurring with them or anyone in the industry.

Hazardous Road Conditions

It is also possible that your local or state government may be responsible for your accident due to dangerous road conditions. There may be times when you are driving, and you feel big bumps on an uneven road that could throw off your vehicle’s handling and cause an accident. Other variables may include poorly lit streets with broken street lights, improper road signs, improper safety guardrails, and potholes. A city or state may be liable for your injuries, and you may be owed significant compensation for the pain and suffering you have endured.

How Can Texas’s Modified Comparative Fault Laws Affect My Compensation Claim?

Texas law follows a modified comparative fault doctrine, meaning that your compensation can be reduced by any percentage of fault that you may be assigned after the accident. Under the law, if your percentage of fault is under 50% or less, you can still be eligible to receive financial compensation. If you are found to be 51% or more at fault, the modified comparative fault law bars you from pursuing compensation.

In their continuous efforts to save their companies’ money, insurers will try to use the state’s law to prove that you were more at fault for the accident. One of the best ways to combat the unethical tactics that insurance companies use to protect their profits is to hire an experienced personal injury lawyer. Texas personal injury lawyers understand the legal nuances involved in determining liability in car accident claims.

To counter these arguments, your attorney can gather critical evidence that substantiates your claim, including:

• Police reports
• Medical records
• Witness testimony
• Video and surveillance evidence
• Accident reconstructionist reports
• Expert testimony

Insurance adjusters may appear to be on your side, but their job is to save their companies money. That being the case, you should never agree to speak with the other party’s insurance company. Instead, it is always best to allow your personal injury lawyer to handle all interactions with the insurance provider.

How Long Do I Have to File a Personal Injury Claim After Being Injured in a Car Accident?

Texas personal injury law allows car accident victims up to two years from the date of their injury to file claims. Even though the statute of limitations allows personal injury victims two years to pursue compensation, insurance companies may have shorter reporting times, so it is best to report the incident immediately so that you do not miss critical deadlines. The statute of limitations exists to ensure that courts do not become backlogged with cases, that evidence is readily available, and that would-be defendants are not threatened with possible litigation.

Failing to file a claim within the two-year time limit can result in your case being dismissed and you losing all further legal recourse to try to pursue compensation.

Exceptions to the Statute of Limitations

There are specific exceptions to the two-year time limit that may apply to your case, including:

• Claims against government entities: If your claim involves a government entity, you may have as little as 90 days to file a formal notice of claim.
• Minors: Generally, the statute of limitations clock is tolled (paused) until a minor turns 18, after which they have until their 20th birthday to file a claim.
• Discovery rule: The two-year clock may begin later than the accident date if the victim’s injury was not immediately evident but discovered later, or when it should have reasonably been discovered.

Wrongful Death Claims

If your loved one was killed as a result of a car accident, you generally have two years from the date your family member died to file a wrongful death lawsuit, not the date the crash occurred. Even so, you must consult a qualified attorney as soon as possible so that you do not inadvertently lose your right to seek compensation for the death of your family member.

Is it Worth Having a Personal Injury Attorney for a Car Accident Case?

Being involved in a car accident can be detrimental to your life. Without the proper support in place, being the victim of a car wreck puts you at a tremendous disadvantage. Having to worry about your health and how to pay for unexpected medical bills can take its toll. Filing a car accident claim gives you the chance to avoid struggling to pay your expenses and to alleviate the stress you may be feeling, so you can focus on your health, recovery, and providing support to your loved ones.

Car accident lawyers are legal professionals well-versed in the complexities of filing accident claims, collecting evidence, and negotiating with insurers to recover damages. Other legal services they provide include assisting clients with completing and submitting legal paperwork. One of the most common reasons claims are denied is that forms are not filled out correctly or completely.

Your lawyer will also have the legal resources necessary to hire accident reconstructionists and other experts who can substantiate your version of events. Your legal representative can also provide support as your case makes its way through the legal system.

Barry Deacon Law has extensive experience helping clients with the aftermath of car accidents. If you have been involved in a traffic accident, you want someone who will aggressively advocate for you. Contact us today to schedule a free consultation.

Why Should I Allow a Lawyer to Deal With the Insurance Company on My Behalf?

Insurance companies are for-profit businesses that are committed to protecting shareholder interests. Although their advertising often portrays the ease of filing a car accident claim, this is not always the case.

Working with an experienced lawyer is the strongest approach to handling a car accident claim. When you hire a lawyer to assist you with a personal injury case, they will manage all negotiations with the insurance company on your behalf.

Higher Settlement Potential

Studies show that car accident victims who secure legal representation receive larger settlements than those who handle claims independently. Car accident lawyers have in-depth experience handling negotiations and are aware of the tactics insurers use to deny or reduce payouts.

Because insurance adjusters are trained to look for ways to protect their employers, it is always in your best interests to allow your attorney to communicate with them. In far too many personal injury cases, claimants have unknowingly made comments that have hurt their case.

Beware of Quick Settlement Offers

If the insurance company offers you a quick settlement, it may seem tempting to accept, especially if you have been unable to work or are dealing with expensive repair bills. Although a quick settlement may seem enticing, it does not account for future medical care or pain and suffering damages. Having a lawyer handle your case significantly increases your chances of securing maximum compensation for damages.

Out of Court Settlements

It should be emphasized that most personal injury claims are settled out of court without the need for expensive and time-consuming litigation. Most insurance companies want to avoid cases going to court, for fear that a jury could award more than they would have if they settled out of court.

What Kind of Compensation Can I Recover After Being Involved in a Car Accident?

If you or a loved one has been in a car accident and is dealing with the pain of injuries and the stress of paying unsolicited debts due to your accident, you may be entitled to financial compensation. Seeking legal advice from a reputable car accident attorney can inform you of your legal options and give you the proper guidance you need to win your case.

Texas law allows car accident victims to seek compensation for economic and non-economic damages.

Economic Damages

Economic damages are awarded to reimburse accident victims for out-of-pocket expenses. Some of the most frequently awarded economic damages in car accident cases include:

• Past and future medical expenses, including compensation to cover the cost of rehabilitation and physical therapy
• Lost wages and benefits
• Loss of earning capacity
• Property damage to help pay for vehicle repairs or the cost of vehicle replacement

Non-Economic Damages

Non-economic damages compensate for the subjective, quality-of-life losses the victim has suffered. Although every case is different, some of the commonly awarded non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disfigurement and scarring

Punitive Damages

Depending on the circumstances, a jury may award punitive damages. Unlike compensatory damages, which compensate victims for financial and intangible losses, punitive damages are awarded to punish the wrongdoer and serve as a warning to others not to repeat the same actions.

Car accident cases that often qualify for punitive damages include those in which the responsible party was driving under the influence or speeding. A jury will only award punitive damages if there is clear and convincing evidence that the driver’s conduct is determined to be fraudulent, malicious, or constitutes gross negligence.

Contact Our San Antonio Car Accident Lawyer Today So We Can Get Started on Your Claim

In any of these cases, consulting with a personal injury lawyer may be your best bet when it comes to receiving the compensation you rightfully deserve. At Barry Deacon Law, our San Antonio car accident lawyer has over 50 years of legal experience and is committed to helping clients recover maximum compensation for the harm they have suffered.

Our skilled legal team in San Antonio will take all your injuries and losses into account to build a strong case as to why you are owed compensation and hold the responsible party accountable for their negligence.

If you have questions about filing a car accident claim, Barry Deacon Law can provide the legal advice you need to win your case. We use our years of experience handling car accident claims to help clients confidently face the future after an injury.

Contacting Barry Deacon Law and consulting with a trusted personal injury attorney can give you the best chance to win your case and the compensation you deserve. To book a free and secure in-depth case evaluation, contact Barry Deacon Law today at (210) 985-8398 for English-speaking clients and (210) 796-4933 for Spanish-speaking clients.