Car Accident Lawyer
Car Crashes
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Car Crashes
Car Accident LawyerGet a Free Consultation
Have you been hurt in a car crash? In Texas or another state?
Throughout the nation, car crashes are the leading cause of death for people between the ages of 1–54 (USA Today). This holds true for Texas as well. In fact, Texas routinely tops the list of states as having the highest annual number of car accidents.
The roads and highways in Texas are legendary and well-traveled. And as more people move to the Lone Star state, our roads become busier and even more congested. More cars, more vehicles, unfortunately, result in more accidents. Many causing serious, life-changing injuries or even death for people who were simply in the wrong place at the wrong time. And often, many of these accidents could have been prevented.
Rely on an Experienced Car Accident Lawyer
Handling Cases in Texas and Nationwide
Steps to take if you’re involved in a car accident
Although automobile accidents are upsetting, it is important to maintain your composure and take a few steps to protect yourself. You should do the following right away:
- Stay at the scene of the accident. Fleeing an accident is illegal and could result in criminal charges and a civil lawsuit.
- If anyone is injured, call 911.
- If the other driver drove away from the scene, call the police.
- If no one was injured, move your vehicle off the road. If you can’t drive your car, the police will call a tow truck driver to take your car to a body shop of your choice or to a storage lot.
- Exchange contact information, license plate numbers and insurance information with other drivers involved in the accident. Also, gather contact information from accident witnesses.
- As soon as possible, receive medical attention for your injuries
- File a police report within 10 days of the accident if the police did not arrive at the accident scene and file a report for you
- If car damages injuries are substantial, get legal advice
Various Types of Car Crashes
Like many aspects of life, car accidents occur in different degrees of intensity and in different forms. Some are potentially more devasting than others—with the worst accidents resulting in death.
Some factors in car accidents are extremely dangerous and likely to cause fatalities. The extent of force involved when both vehicles collide frequently determines the degree of injury. This factor along with which area of the body takes the brunt of the impact influences the outcome. Many different types of car accidents can result in death. Sadly, teenage drivers are the most likely age group to die in car wrecks. This is due to the teen driver’s inexperience and lack of judgement. Speeding is another factor that makes deadly collisions more likely because fast speeds increase the strength of the impacts. Seat belts were a terrific invention for preventing deaths, acting as a valuable safeguard for front seat passengers and drivers. However, you’d be amazed at the number of people who don’t wear seatbelts. There can be added protection from the size and sturdiness of a vehicle. SUVs are larger, heavier and there’s a significant distance between the hood and the driver to absorb the force of impact. A small sports car colliding with an SUV is likely to fair far worse damage and occupants are at greater risk. READ MORE
Head-on Collisions
Speeding Accidents
Drunk Driving Accidents
Drunk driving fatalities outrank fatalities from other types of car accidents. Deaths resulting from drunk driving reached 32% of total traffic accidents in 2022. The demographic with the most drunk driving accidents are drivers between the ages of 21 and 24. The reason alcohol is so treacherous for drivers is that it impairs vision and the ability to understand traffic signs and signals. It also reduces the driver’s ability to understand what other drivers are doing. Motor coordination worsens with alcohol use. Therefore, drunk drivers have slower reaction times, and their ability to skillfully operate the vehicle reduces. Their depth perception alters and they may not be able to determine whether an object or pedestrian is close or far. In addition, they often become drowsy. Their car weaves or goes off the road, and due to impaired perception, they may drive too slow or too fast.
T-bone/Broadside Accidents
As the name suggests when one car hits another car broadside, the two cars form a “T.” T-bone accidents or broadside accidents are two different names for this same type of accident. Such accidents can be very serious. The Institute for Highway Safety indicated that T-bone accidents comprised 23% of car accident fatalities in 2020. These accidents most often occur when one driver fails to yield the right of way to another driver. For example, two drivers should stop at a traffic light or stop sign. One driver makes a left turn on a yellow light while the other is speeding through the yellow light. They collide in a T formation. Establishing which driver was legally at fault, or in other words, in violation of traffic laws is the key for recovering compensation from the accident. The speeding car would likely be at fault, unless the other car was turning when the light turned red.
Distracted Driving Accidents
Distracted driving includes any activity that diverts the driver’s attention from the road. Examples are: texting on your phone, talking on your phone, talking to passengers in your vehicle, eating food, putting on makeup, and adjusting a radio, stereo, entertainment or navigation system. Texting while driving is by far the worst type of distraction because it affects the driver in three ways: visually, manually and cognitively. Insurance studies show that on average, sending or receiving a text takes about 5 seconds. In that amount of time, a car driving at 55 mph would travel the length of a football field. It only takes a split second for an accident to occur. Distracted driving can cause drivers to go off the road, veer into another car or crash into an object. Their lack of attention on the road also prevents them from driving defensively because during these precious seconds, drivers aren’t even aware of other vehicles.
Rear-end accidents are the most common type of vehicle accident in the U.S., making up about 29% of car crashes. In most cases, the driver who runs into the car ahead of them is at fault for causing the accident. The most common causes for rear-end collisions are distracted driving and following too close to the car in front. When following a car at slower speeds, it only takes a second or two to collide into the rear-end of another vehicle. With short distances between cars, there often isn’t enough time to brake. Most rear end accidents occur when cars are traveling at low speeds. They can happen on interstate freeways, highways or even on city streets. They can even lead to a chain reaction of vehicles bumping into each other. Typically, the rear end driver is traveling faster than the car ahead. In fact, sometimes a speeding car will crash into a car that has completely stopped. In the worst case scenarios, one or both cars will slide, go off the road or roll over as a result of the impact. Whiplash is a common injury resulting from a rear end collision.
Some factors in car accidents are extremely dangerous and likely to cause fatalities. The extent of force involved when both vehicles collide frequently determines the degree of injury. This factor along with which area of the body takes the brunt of the impact influences the outcome. Many different types of car accidents can result in death. Sadly, teenage drivers are the most likely age group to die in car wrecks. This is due to the teen driver’s inexperience and lack of judgement. Speeding is another factor that makes deadly collisions more likely because fast speeds increase the strength of the impacts. Seat belts were a terrific invention for preventing deaths, acting as a valuable safeguard for front seat passengers and drivers. However, you’d be amazed at the number of people who don’t wear seatbelts. There can be added protection from the size and sturdiness of a vehicle. SUVs are larger, heavier and there’s a significant distance between the hood and the driver to absorb the force of impact. A small sports car colliding with an SUV is likely to fair far worse damage and occupants are at greater risk.
Head-on Collisions
Speeding Accidents
Drunk Driving Accidents
Drunk driving fatalities outrank fatalities from other types of car accidents. Deaths resulting from drunk driving reached 32% of total traffic accidents in 2022. The demographic with the most drunk driving accidents are drivers between the ages of 21 and 24. The reason alcohol is so treacherous for drivers is that it impairs vision and the ability to understand traffic signs and signals. It also reduces the driver’s ability to understand what other drivers are doing. Motor coordination worsens with alcohol use. Therefore, drunk drivers have slower reaction times, and their ability to skillfully operate the vehicle reduces. Their depth perception alters and they may not be able to determine whether an object or pedestrian is close or far. In addition, they often become drowsy. Their car weaves or goes off the road, and due to impaired perception, they may drive too slow or too fast.
T-bone/Broadside Accidents
As the name suggests when one car hits another car broadside, the two cars form a “T.” T-bone accidents or broadside accidents are two different names for this same type of accident. Such accidents can be very serious. The Institute for Highway Safety indicated that T-bone accidents comprised 23% of car accident fatalities in 2020. These accidents most often occur when one driver fails to yield the right of way to another driver. For example, two drivers should stop at a traffic light or stop sign. One driver makes a left turn on a yellow light while the other is speeding through the yellow light. They collide in a T formation. Establishing which driver was legally at fault, or in other words, in violation of traffic laws is the key for recovering compensation from the accident. The speeding car would likely be at fault, unless the other car was turning when the light turned red.
Distracted Driving Accidents
Distracted driving includes any activity that diverts the driver’s attention from the road. Examples are: texting on your phone, talking on your phone, talking to passengers in your vehicle, eating food, putting on makeup, and adjusting a radio, stereo, entertainment or navigation system. Texting while driving is by far the worst type of distraction because it affects the driver in three ways: visually, manually and cognitively. Insurance studies show that on average, sending or receiving a text takes about 5 seconds. In that amount of time, a car driving at 55 mph would travel the length of a football field. It only takes a split second for an accident to occur. Distracted driving can cause drivers to go off the road, veer into another car or crash into an object. Their lack of attention on the road also prevents them from driving defensively because during these precious seconds, drivers aren’t even aware of other vehicles.
What You Should Know About Coping with Car Crashes
Who Pays for
Car Accidents in Texas?
Texas is an at-fault insurance state. This means that the person who was at-fault for causing the accident must pay for the damages. Payment typically occurs through their insurance company. By comparison, some states operate on no-fault insurance. In no-fault insurance states, each person’s insurance company would cover their damages up to the policy’s limits. Only when damages exceed the limits would an injury victim sue for damages. We represent clients nationwide and have extensive knowledge of the differences in insurance laws and subsequent rules across the country. In all states, when suing for car wreck damages, whether damage to the vehicle or for injuries sustained in the accident, negligence is a determining factor. The driver who violated traffic laws, was reckless or who didn’t use reasonable judgement to avoid an accident would be at fault. Courts assign a percentage of fault to all the parties involved in the accident. In Texas, if a party is more than 50% at fault, they would not be able to collect damages. However, being assigned a lower fault percentage does not prevent the party from receiving compensation. For example, if the party was 25% at fault, they could collect 75% of the estimated damages to cover their expenses.
The insurance company of the at-fault driver should pay for the injury victim’s medical bills, vehicle repair and rental car use while the vehicle is being repaired. However, they do not always honor their responsibility to do this. Read more
Car Accident Claims
There are guidelines to follow that make the process go more smoothly when filing a car accident insurance claim. Knowing what to do can help take some of the stress out of the situation. After gathering information at the accident scene (exchanging contact and insurance information, taking photos, etc.), you should do the following:
- If there was a police report, get a copy of it
- Bring home medical records regarding your doctor’s treatment of the accident injury to show your insurance company
- Call your insurance company to report the accident
- Get the name and phone number of the insurance adjuster the company assigns to your claim
- Find out whether your insurance company has a list of body shops they want you to use and get the insurance company to give you a repair estimate. Get your car repaired.
- Report the car accident to the other driver’s insurance company if you believe they were at fault. Their company should pay for the car repairs, medical treatment and rental car.
- If the other driver didn’t have insurance or drove away, you can use your uninsured/underinsured coverage to receive damage payments.
Dealing with Car Insurance Companies
Dealing with insurance companies can be a problem. Insurance companies are in the business of making a profit. As a result, they often try to minimize payouts on insurance claims, and whenever possible, they avoid paying claims at all. In fact, the Texas Department of Insurance lists various ways the insurance company might try to avoid payment:
- Refusing to pay and claiming their driver wasn’t at fault
- Asserting that you and their driver were both at fault so you must pay some of the cost
- Claiming their driver doesn’t have enough insurance to cover all the costs
- Failing to return your phone calls or emails
- Delaying attempts to contact you while they wait for their policyholder to respond. Sometimes policyholders never respond.
If any of the above are occurring, you might not be aware of it. It is wise to reach out to a car accident lawyer, who can investigate and take legal action against the at-fault party and their insurance company. Insurance companies often become more cooperative when under the threat of legal action, and most cases are able to resolve outside of court through negotiated settlements. Read more.
Car Wrecks Across the Nation
Leading Causes of Car Accidents
Human error is the main reason that car accidents occur. Two of the primary causes that fall under this category, we’ve covered above under drunk driving accidents and distracted driving accidents. Other causes that rank high on the list include the following, two of which are human error, and three of which are not:
Inexperience and Poor Decision-Making
It’s no wonder that the largest age group for car accidents are the youngest drivers, age 16–24. The reason is their lack driving experience. As the saying goes: “experience is the best teacher.” (Julius Caesar) We learn from experience and many of our youngest drivers have not yet had that learning opportunity. Bad judgement calls are part of learning as well because we learn from our mistakes. Examples of bad judgement might include:
- Not accurately determining distance and speed, and thinking you have time to pass another car before oncoming traffic reaches you
- Failing to recognize another driver has the right of way
- Not slowing down in rainy weather, resulting in unnecessary slides and risks
- Braking and consequently spinning out on an icy road but not knowing how to turn into the tailspin to straighten the car
Driver Fatigue
Falling asleep at the wheel
Driver fatigue can affect even the best of drivers. Not getting enough sleep at night, pushing too hard to meet a deadline and driving when exhausted are just a few examples. It’s not uncommon for a fatigued driver to nod out. Research shows that a lack of sleep can lead to mental fogginess that is similar to being drunk. In fact, 24 hours of sleep deprivation is approximately equal to a blood alcohol content of .10%. Fatigue reduces reaction time, perception and the body’s motor coordination. Lack of sleep can also result in what’s called micro-sleep, which consists of short periods of in-attention that are not voluntary.
Poor Road Conditions
Poor road conditions result in hazardous driving conditions
Poor road conditions occurs in a variety of forms. It may involve road surface damage, such as potholes, cracks and uneven surfaces. It can come in the form or poor lighting, which makes visibility difficult at night or during bad weather conditions. Some roads are poorly designed with banking in the wrong direction or containing sharp turns that are difficult to navigate. Broken traffic lights and missing signs are other others. A lack of guardrails on a curvy, mountainous road with steep banks can lead to cars sliding off the road and down embankments. Debris in the road is another danger for drivers. Maintaining roads typically falls under the responsibility of municipalities and counties depending on the location of the road. You might be able to sue based on the responsible party’s negligence.
Bad Weather for Driving
The National Highway Traffic Safety Administration (NHTSA) advises that the best way to avoid an accident would be not to drive in bad weather. Bad weather can involve rain, sleet, ice, snow, hail and flooding. The oil residue that car engines leak onto the road in addition to this type of precipitation can make roads slippery during these conditions. If you must drive, then drive slowly. Also, realize that it only takes about 12 inches of rushing water to sweep away most cars and two feet of water for pickup trucks and SUVs. It’s wise to check weather, road conditions and traffic conditions before heading out. In addition, check for road closures and evacuation routes.
Mechanical Failure
Vehicles don’t last forever, and parts can wear out through use or become faulty due to manufacture defects. Brakes are probably the most common mechanical failure. Worn pads and discs or faulty or worn brake lines can lead to complete brake failures. Other vehicle issues include tire blowouts, transmission or steering breakdowns. When headlights burn out, drivers might have problems seeing at night. Any of these failures can result in a driver losing control over the vehicle, which can lead to an accident. It is wise to follow proper maintenance guidelines for vehicles. If you were in an accident and suspect mechanical failure due to a manufacturing defect, you can consult with a car accident attorney to investigate the matter.
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Common Injuries from Automobile Accidents
Many different types of injuries can result from car accidents. The following are three common injuries associated with collisions.
Whiplash
Whiplash is a neck injury due to a swift jerking motion to the neck. The head whips rapidly forward and backward again. It often happens during a car crash, with rear-end accidents being a frequent cause. The day the accident occurs you may feel discomfort. Inflammation and bruising frequently occur but if left untreated, can increase a few days later, causing substantially more pain. Because whiplash harms the soft tissues, x-rays won’t reveal the injury.
Herniated Disc
Even a minor car wreck can result in a herniated disc. Disks are a rubbery substance that sit between the bones in the spine (vertebrae) and act as cushions. A disk has a soft jellylike center and a tougher rubbery exterior. Other names for a herniated disc are a slipped disk and a ruptured disk. With a herniated disc, the tougher outer layer of cartilage cracks and that allows some of the softer inner cartilage to protrude from the disc. Most disk herniations occur in the lower back. As a result, you would feel back pain along with numbness, pain or weakness in your arm or leg. Most herniated discs, about 90%, heal eventually through simple medical care.
Brain Injury/Concussions
A blow to the head during a car accident can cause a concussion and/or brain injury, often called traumatic brain injury. The impact causes the brain tissue to bruise, tear or bleed. It can occur through a forceful jolt or when an object, such as a physical object or shattered piece of skull pierces the skull bone and damages the tissue. Injuries are short term or long term, depending on the severity of the accident. Concussions and traumatic brain injury result in a number of symptoms, including:
- Headache
- Nausea
- Blurry vision
- Amnesia
- Fatigue
- Slurred speech
Accident Prevention
Safe Driving Tips
for Preventing Accidents
While you can’t control how others drive, you can control your own driving by following some simple guidelines. These tips can help you drive safely.
Avoid Distractions
Set your own rules and eliminate driving distractions by NOT:
- Talking on your phone while driving
- Speaking with other passengers in the vehicle
- Eating / drinking
- Using a portable music player
- Adjusting your navigation or car radio while driving
- Doing anything else but driving
Check Blind Spots
When changing lanes, passing another car, or turning into traffic, you should check your blind spots. Your rearview mirror and side mirrors help you see around your vehicle. Blind spots exist at the edges of the right and left sides and behind your vehicle. While you should definitely check your mirrors’ views, you also need to turn your head and look over your shoulder to see in these areas.
Obey Traffic Laws
Speed limits, traffic lights, right-of-way laws, pulling to the side of a road when an ambulance approaches with siren on and flashing lights, moving into the left lane on a freeway when a vehicle has pulled off onto the berm of the road—these are all traffic laws you must obey. They create order and allow for driver prediction when traveling on roadways. Their purpose is to prevent hazardous driving. Be sure to obey the rules of the road.
Keep at a Safe Distance
Never tailgate. Maintain a safe distance from the vehicle in front of you, even when they are driving slowly. It you need to pass, then switch lanes and do so. Trucks have blind spots behind them and if you approach too closely and they slow or brake, you can easily ram into them. Keep in mind, the faster the speed, the more distance you require to make a quick stop, therefore the greater distance you should maintain behind cars.
Drive Defensively
Anticipate what another driver might do—which includes stopping quickly, pulling out in front of you or making a turn even though they don’t use a turn signal. Notice when the car ahead is slowing. Don’t rely on brake lights because their brake lights might not be working. Never assume a car is turning just because they have their turn signal on. They might have used the signal to switch lanes and forgotten to turn it off. Stay alert, pay attention to road conditions and what other vehicles are doing.
Know When You Shouldn’t Drive
If you’ve been drinking or are under the effects of drugs or prescription drugs, don’t drive. If you’re exhausted or haven’t had much sleep, don’t drive. If the weather is nasty outside with rain, snow, high winds or flooding, avoid taking your car out. Sometimes the safest decision is to not be behind the wheel.
Statistics tell the story
about car accidents
They Can Be Wake-Up Calls
Extreme statistics can wake us up, making us realize we need to take driving seriously.
Do any of the following statistics make you take pause?
- 3 million people in the US suffer injury every year from car crashes
- Around 30,000 fatalities occur yearly due to car accidents
- Most car accidents occur between 3:00–6:00 p.m. when people are within 25 miles of their home
- 45% of passengers who died in car wrecks weren’t wearing seat belts
- Night time is the worst time for drunk driving—4 times worse than daytime driving
- Speeding causes about one third of all fatal crashes
- You are 23 times more likely to be in a crash if you’re texting and driving
- Texas has more reported wrecks than any other state
Been in a Car Crash? Don’t go it alone—talk to a
Car Accident lawyer
While statistics tell the story, you are not a statistic to us. We care deeply about your case and devote our knowledge, skills and time to obtaining a favorable result. You can rely on us to be your voice in the legal system. We will advise you on the best course of action and deal with insurance companies. Our goal is to recover compensation that pays for your medical bills, lost wages and all other expenses related to your accident. It can also include offsetting emotional trauma for which you deserve compensation.
Give us a call at (210) 225-HURT (4878) or toll free (800) 645-8553 to schedule a free, no obligation consultation at our San Antonio office today.
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation