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Auto Accidents FAQ • San Antonio

The personal injury attorneys at Trevino Injury Law represent individuals seriously injured in auto accidents in San Antonio and throughout Texas.

If you or a loved one has been seriously injured as a direct result of the careless, negligent, wrongful, or reckless act of a company, person, or a municipality in an auto accident we will aggressively advocate for your just compensation.

Wrongful injury or loss of a loved one is devastating. Trevino Injury Law takes pride in addressing clients’ full range of [questions and concerns]. We will make sure you thoroughly understand your rights.

Call the personal injury attorneys of Trevino Injury Law today to schedule your FREE case evaluation with an experienced attorney.

(210) 255-3088

20 Commonly Asked Questions About Car Accidents

 

Q1: What is the first thing I should do after an accident?

Answer

Call 911 and make sure an ambulance is on the way for anyone who has been injured. If possible, move your vehicle out of the way of oncoming traffic and use hazard lights or road flares to reduce the risk of another crash. Call the police and file an accident report whether or not someone has been injured. Do not admit fault to the police or anyone else at the scene.

Q2: What information should I obtain after an accident?

Answer

Collect names and phone numbers of the other individuals involved in the accident, and any witnesses. Obtain the insurance details of the other driver or injured party. If possible, take photos of vehicle damage, skid marks, road obstructions, and anything that might have been related to the accident.

Q3: Do I need to file a police report?

Answer

Yes. You should always file a police report so you can have documentation of the events when you go to make a claim. Stick to facts and do not take liability for the accident.

Q4: Should I speak to the other driver’s insurance company?

Answer

You should hire a personal attorney to handle all communications with another driver’s insurance company. When you speak to the insurance agent, you are at great risk of having your words used against you. This could end up reducing your future compensation.

Q5: Do I have a right to compensation?

Answer

Your have a right to compensation for any accident that is not your fault, or only partially your fault. If you are in an accident caused by someone else’s reckless or negligent behavior, you have a right to be compensated for property damage, medical expenses, loss of wages or earning capacity, mental anguish, physical disfigurement or impairment, loss of consortium, and loss of services.

Q6: Can I get treatment for my injuries without insurance?

Answer

It is against the law for a Hospital’s Emergency Room to refuse to give emergency treatment. Many, though not all, health care providers will also accept a Letter of Protection (LOP) from an attorney. An LOP tells a provider that you have a claim pending and the attorney will pay the medical bills out of the proceeds of that claim.

Q7: Should I see a doctor even if I don’t feel injured?

Answer

Yes. Many car accident injuries do not become apparent until after some time has passed. Pain and stiffness from soft tissue injuries, for example, may not be felt until days after an accident. Some seemingly minor injuries can become more severe and even permanent if left untreated. See a doctor as soon as possible and request a full medical evaluation. This will protect your long-term health, and also provide documentation to support a potential personal injury claim.

Q8: How much money will an attorney cost me?

Answer

Most personal injury and death cases are taken on a contingency fees basis. This means the client pays the attorney nothing up front. The attorney only receives a percentage of the proceeds collected from a claim. If the claim is unsuccessful, the attorney is paid nothing.

Q9: Can I receive compensation for vehicle repairs?

Answer

Yes. After an auto accident due to another’s negligence you have the right to be compensated for the damages to your vehicle. The insurance carrier for driver who is at fault should pay for vehicle repair. If the vehicle is totaled, then its fair market value will be paid.

Q10: Can I receive compensation for medical costs?

Answer

Yes. After an auto accident due to another’s negligence you have the right to be compensated for personal injuries and medical costs. This includes past and future hospital expenses, medical treatment, therapies, and rehabilitation.

Q11: Can I receive compensation for pain and suffering?

Answer

Yes, pain and suffering is a type of damage that can be compensated in a personal injury case. The amount of compensation is directly related to severity of the injury. A claimant can recover damages for past and future pain and suffering, including physical pain, impairment, and disfigurement, and mental and emotional anguish.

Q12: When should I contact an attorney?

Answer

You should contact an attorney as soon as possible. Locate an attorney that specifically handles car accident lawsuits to receive legal advice and guidance for medical, insurance, and legal processes. The sooner you talk to an attorney, the better your chance of receiving full compensation for damages.

Q13: What determines who is at fault is a motor vehicle accident?

Answer

Texas uses “modified comparative fault” rules to decide the outcome of auto accident insurance claims and lawsuits. “Modified comparative fault” means that fault can be shared by all parties involved in an accident. If there are two drivers involved, both have the potential to be assigned all the blame, none of the blame, or a percentage of the blame. The exact percentage of fault assigned to each party will be determined by the insurance investigation or in-court evidence.

Q14: What determines who is at fault in an accident involving a cyclist or pedestrian?

Answer

Texas uses “modified comparative fault” rules to decide the outcome of insurance claims and lawsuits involving cyclists or pedestrians. “Modified comparative fault” means that fault can be shared by all parties involved in an accident. A driver, cyclist, or pedestrian may be assigned all the blame, none of the blame, or a percentage of the blame. The exact percentage of fault assigned to each party will be determined by the insurance investigation or in-court evidence.

Q15: What if more than one person is at fault for an accident?

Answer

If a court determines that more than one person is at fault in a traffic accident, each party will be assigned a percentage of the blame. Usually, the individual who is most liable will be responsible for compensating the other individual’s personal injuries or property damage. This can become complex, but a simplified example is: If person A is 80 percent at fault, and person B is 20 percent at fault, person B must cover 80 percent of the cost of person B’s damages.

Q16: If I was a passenger in the car whose driver is at fault, can I make a claim?

Answer

Yes, typically. If you were a passenger you are not at fault and can file a claim against either the driver of the car you were in, or the driver of the other car involved in the accident. In some cases you can file a claim against both to recover full compensation for personal injuries. There may be restrictions if you are a relative living with the driver of the vehicle.

Q17: What should I do if I am involved in a trucking accident?

Answer

If you are the victim of a trucking accident, it is not always easy to determine who is at fault. Legally, liability might fall on the truck driver, truck owner, truck or trucking equipment manufacturer, or company that has leased the truck. You should contact an auto accident attorney to help you investigate who is liable for your injuries and damages.

Q18: If I file a claim, will it affect my insurance rates?

Answer

The short answer is maybe. Insurance carriers have different policies. Generally, one claim will not affect your rate if you are not at fault. However, if it is the 3rd claim in less than one month your rate may increase even if it was not your fault.

Q19: What if I cannot work due to my injuries?

Answer

After an accident due to another’s negligence you have the right to be compensated for lost income, even if your employer offers paid vacation or personal time off.

Q20: Do I have a case?

Answer

If you or a loved one has been injured or killed due to a negligent, reckless or dangerous act of another then you have the right access a court and file a claim for compensation. Every scenario is different and requires the help of an auto accident attorney.

Start Your Claim Today!

Trevino Injury Law is a San Antonio based law firm who works on a “contingency fee basis” on all personal injury cases. Simply put, we only get paid if we win your case. If there is no recovery, you pay nothing.

“Trevino Injury Law is a leader in personal injury law with trial experience that speaks for itself.”Candelario Trevino

Call the personal injury attorneys of Trevino Injury Law today to schedule your FREE case evaluation with an experienced attorney.

(210) 255-3088

 

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Top 10 Most Asked Questions After an Auto Accident

 
 

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  • Highly Recommended!!Great Service

    “Attorney Candelario Trevino treated me with such great personal care, not like a case number  you’ve come to expect these days. He helped settle my auto injury claim quickly and kept me informed throughout the entire process.”

    by : Victor Salazar
    San Antonio, TX

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    “I was injured in a serious auto accident that prevented me from working because of a reckless driver. Attorney Candelario Trevino helped me through the traumatic experience and got me the settlement I was entitled to.”

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    San Antonio, TX

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