Car accidents happen in an instant but can result in injuries that require lifelong care. Insurance companies are not concerned about your long-term health. They only care about settling your case for as little as possible. If you or a loved one has suffered a serious injury in a car accident you did not cause, you should seek the advice of a reliable car accident lawyer right away.
At The Law Offices of Tyler & Peery, our San Antonio car accident attorneys represent clients across Texas in a wide variety of car accident cases, including auto wrecks involving trucks, motorcycles, buses, and trains. We also represent pedestrians and bicycle riders who have been hit by negligent drivers.
We also routinely assist clients with Personal Injury Protection (PIP) claims, as well as underinsured and uninsured motorist claims. Our attorneys are also highly experienced in handling pedestrian and bicycle accident cases. No matter what type of accident you have been in, our attorneys are prepared to help you. If you have questions about what to do after an accident or what your legal options might be, we will take the time to walk you through the entire process so you have all the information you need to make a sound decision.
To find out how we can help you, contact us online or call (210) 774-6445 to set up a free initial consultation to discuss your case. Se habla español.
How Long Do I Have to File a Car Accident Claim?
The statute of limitations for car accidents is the same for all personal injury cases in Texas and is regulated by the Texas Civil Practice & Remedies Code section 16.003. According to this code, the statute of limitations is two years. This means any injury victim wishing to file a car accident claim has two years from the date of the accident to do so. Filing a claim outside of this timeline will most likely result in an invalid claim, which will cause you to lose your right to pursue compensation for your injuries.
Comparative Negligence Rule
Texas is a no-fault state, meaning everyone is required to carry PIP insurance. In case of an accident PIP insurance covers the financial losses associated with an accident. There are cases however when an injury victim would file a personal injury claim against the negligent party instead of just a PIP claim with their own insurance.
In these cases, Texas follows a "modified comparative negligence" rule which means that even if you are partially to blame for the accident that caused your injury you are still eligible to pursue compensation. There are two requirements with this rule, you cannot be more than 50% at fault for the accident and your total compensation won must be reduced by your percentage of fault. For example, if you were found to be 15% at fault for an accident that caused your injuries your total compensation would be reduced by 15%.
Types of Car Accident Cases We Handle
At The Law Offices of Tyler & Peery, we offer our clients more than 100 years of combined experience in the practice of Texas law. We focus a large part of our practice on representing motor vehicle accident victims. Many of the cases we handle in San Antonio are the result of serious crashes on I-35, I-10, I-410, I-37, US-87, US-90, or US-281. Our San Antonio car accident attorneys have experience handling all types of car accident cases, and we know what it takes to help you reach a favorable outcome. Some of the common types of car accident cases we handle include:
If you've been injured in a rear-end car accident, it's likely—but not guaranteed—that you'll get a better outcome if you have an attorney representing you. Here are two things to keep in mind:
- Soft-tissue injury: Even in relatively minor rear-end car crashes, the insurance company might make you an offer that seems good at first glance, but you should not sign anything unless you understand all the facts, including what it will take for you to make a full recovery. You may not feel pain from soft-tissue injury for quite a while, and if you've signed away your rights, by then it's too late to do anything about it.
- Serious or catastrophic injury: You want to extrapolate out into the future—all future medical treatment and bills that you will incur as a result of the car accident, as well as your altered lifestyle. In cases of serious injury, first offers from insurance companies are too low, and they know it. They will take pains to protect their bottom line and pay out less than you deserve, not because they don't like you, but because they're running a business.
Our approach has always been to wait until the time is right to settle the case. We don't push for early settlement just to generate fees for ourselves. And, if we cannot get a good, fair offer from the other side, we will take your case to trial.
Rollover accidents have a fatality rate higher than any other motor vehicle accident type. This is primarily because of the force and severity of the roll. It is also because many vehicles are poorly designed, and occupants fall victim to roof crush injuries.
Rollover accidents occur for many reasons, including the ones listed below:
- Vehicle type is one of the most common reasons for rollover accidents. Tall and narrow vehicles with higher centers of gravity—such as SUVs (sport utility vehicles), vans, buses, and trucks—are more prone to rolling when they are involved in a wreck.
- Speed also is a factor in rollover accidents. Most fatal rollover accidents occur on highways with a speed limit of 55 mph or greater. Rollovers are more likely to occur when vehicles are traveling at these high speeds because the momentum in a crash is strong enough to flip the vehicle over.
T-Bone & Side-Impact Wrecks
In a T-bone collision, which is also known as broadside or side-impact, you are likely to sustain serious injury. When one car strikes another broadside, the struck car can be spun out of control, hitting other cars or pedestrians, or the struck car could rollover.
T-bone collisions often occur in intersections where one driver runs a stop sign or red light, but these collisions also occur when a driver pulls out in front of oncoming traffic on the highway or another road. Left-hand turns into oncoming traffic are particularly dangerous, as drivers often fail to use enough caution when pulling out and end up pulling out in front of vehicles they don't see.
Head-on accidents between two motor vehicles are relatively infrequent, yet account for a disproportionate number of serious and fatal injuries. These collisions usually occur because a driver crossed the centerline into oncoming traffic or went the wrong way down a one-way street or exit ramp on the highway.
Head-on collisions usually point toward some sort of negligent act, such as:
- Texting while driving
- Drowsy driving
- Drunk driving
- Drugged driving
Unfortunately, head-on collisions often result in serious injury to the spinal cord (causing paralysis), head and brain (causing cognitive injuries like memory loss), and organs (causing internal bleeding). And getting ejected from the car is likely if the driver or passenger wasn't wearing a seatbelt, resulting in crushing or other blunt-force injuries.
Other car accident cases we take include:
- Accidents involving elderly drivers
- Aggressive/reckless drivers
- Dram shop liability
- Drowsy driving accidents
- Drugged driving accidents
- Teen driver accidents
- Distracted driving/texting while driving
Learn more about PIP insurance by checking out our Personal Injury Protection page!
Why You Need an Attorney
Most modern cars and motor vehicles are designed to minimize the damage caused by an impact. Often, after an accident, your vehicle may not seem particularly damaged and, unfortunately, many insurance companies seek to take advantage of this fact. You may suffer severe, life-altering injuries in an auto accident—with or without substantial property damage to your vehicle. However, the liable insurance company may try to prove that your injuries are not that serious, due to the relatively minor-seeming damage to your car. Remember, insurance companies are in the business of making money; they do not have your best interests in mind. It is therefore crucial that you speak to an attorney about your accident.
As your attorneys, we will wait to resolve your claim—either through settlement or trial—until we have evidence from your treating physician that have made the fullest possible recovery. Doctors often treat their patients by telling them to come back for a second visit (or a third) if they still are not feeling well. Lawyers do not have that luxury. You cannot come back to settle your case a second or third time. You get one chance to get all of the compensation you need, and you must act quickly. A two-year statute of limitations prevents you from taking action after two years have passed with a few limited exceptions. Case preparation should begin much sooner.
Call a car accident attorney in San Antonio for a free consultation as soon as possible after you or someone you care about has been involved in an accident. We can be reached online or at (210) 774-6445.