When you're involved in a car accident, the aftermath can feel overwhelming. From medical bills to lost wages, everything can quickly pile up. If you're seeking guidance, turn to a San Antonio car accident lawyer from The Law Firm of Aaron A. Herbert, P.C. Our experienced team is here to help you reclaim control and secure the compensation you deserve.
Find out how we can help you today during a free consultation. Schedule yours at (214) 200-4878.
Why Hire Us?
- We promise to provide you with personal care and attention during your injury claim.
- We will fight hard to protect your legal rights in and out of the courtroom.
- We will use our years of experience to negotiate with insurers on your behalf.
- We have a long history of success that can give you peace of mind.
- We guarantee $0 in attorney’s fees unless you recover financial compensation.
When Should You Contact a San Antonio Car Accident Attorney?
If you have a straightforward car accident case involving only minor property damage, you may not need legal representation. A lawyer could be a substantial asset, however, if your case has complicating factors. Serious personal injuries, expensive vehicle repairs, a fatality, a liability dispute or insurance bad faith are all issues a lawyer can help you work through. In fact, we strongly recommend speaking with an attorney if there are any injuries, even minor ones, involved in your accident. Some injuries, specifically soft tissue injuries, may not fully manifest themselves until long after the collision. If you don’t speak with a car accident attorney, you may leave yourself vulnerable to a settlement that is far below what you need to fully recover.
If you are not sure whether hiring a lawyer is the right choice, learn more without any financial risk during a free consultation with us in San Antonio.
Common Car Accident Injuries
Car accidents cause more serious personal injuries and fatalities in Texas each year than any other type of accident. In 2019 alone, the Texas Department of Transportation reported about one car accident per minute. Car accidents in Texas in 2019 seriously injured 15,843 people and killed 3,610 others.
At The Law Firm of Aaron A. Herbert, P.C., we have experience helping clients with many different types of car accident-related personal injuries. We know how physically harmful the typical car crash can be. If you were a bicyclist or pedestrian, or involved in a catastrophic car accident with a commercial truck or reckless driver, your injuries could be severe. Our lawyers accept clients with all injury types and severities.
- Broken bones
- Broken ribs
- Internal injuries
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Herniated disks
- Whiplash
- Lacerations
- Soft-tissue injuries
- Burns
- Wrongful death
The short-term effects of a car accident injury can include pain, emotional suffering, emergency medical costs, and lost wages. A serious injury can also have long-term effects. Temporarily or permanently disabling injuries can cause scarring, disfigurement, lost quality of life, lost ability to earn a living, chronic pain, and long-term medical care. While a car accident lawyer can help you with any type of injury, it is especially important to hire a lawyer if you or a loved one suffered life-changing injuries.
Do We Accept Your Type of Car Accident Case?
Clients come to The Law Firm of Aaron A. Herbert, P.C. for assistance with their car accident cases because we are well-respected attorneys with a reputation for excellence in Texas. For more than a decade, Attorney Aaron A. Herbert has proven his unfaltering commitment to his clients. Aaron and his team work hard to achieve the best possible results during all types of auto accident claims.
- ATV accidents
- Bicycle accidents
- Commercial vehicle and truck accidents
- Drunk driving accidents
- Fatal accidents
- Mail truck accidents
- Motorcycle accidents
- Passenger vehicle accidents
- Pedestrian accidents
- Public transit accidents
- Rideshare accidents
- School bus accidents
- Vehicle defect accidents
If you do not see your type of car accident on this list, contact us for a one-on-one conversation about your specific crash. We have the knowledge and experience to take on any type of car accident claim in San Antonio. Our main goal is to secure the compensation you need to finally move forward.
Negligence Causes Most Car Accidents in San Antonio
Our personal injury lawyers focus on negligence-based claims. Negligence is the legal doctrine that states someone failed to fulfill his or her duty to exercise a reasonable degree of care. Negligence and driver errors are behind most car accidents in San Antonio, Texas. If someone’s negligence – such as a distracted or drunk driver – caused your auto accident, that person could owe you financial compensation.
- Texting and driving
- Driving under the influence of drugs or alcohol
- Driving drowsy
- Speeding or street racing
- Tailgating/following too closely
- Failing to yield the right-of-way
- Running red lights and stop signs
- Ignoring roadway rules
- Driving a poorly maintained vehicle
- Driving recklessly
At The Law Firm of Aaron A. Herbert, P.C., if we find human error to be the cause of your car accident after our investigation, we can help you file a claim against the responsible driver. We know how to detect signs of negligence and collect proof from the scene of the car accident, including photographs, eyewitness interviews, and police reports. Our injury lawyers can help you prove fault and obtain fair compensation from a negligent driver or another party in San Antonio, Texas.
Is Texas a No-Fault State?
No, Texas is not a no-fault insurance state. Texas uses a fault-based system. This gives you the chance to hold the guilty party accountable for your auto accident. By contrast, in a no-fault state, you would file a claim with your own insurance provider, even if you did not cause the car accident. Bringing a claim against an at-fault driver could end in financial compensation for your economic and noneconomic damages. The at-fault driver’s insurance carrier may be responsible for your medical expenses, property damage repairs, lost income, and out-of-pocket costs due to the policyholder’s negligence.
All drivers in Texas have to carry at least the minimum required amounts of car insurance to guarantee their ability to pay for damages after accidents they cause. The minimum amounts in Texas are $30,000 per person in bodily injury insurance, $60,000 per accident in injury insurance, and $25,000 in property damage liability insurance. If you get into a car accident in San Antonio, you will file a claim with the at-fault driver’s insurer. It will then be up to you or your attorney to negotiate with the insurance company for an appropriate settlement amount. Our attorneys can help you negotiate for a total that accurately represents the severity of your crash-related losses.
What Is the Modified Comparative Negligence Rule?
One of the many benefits of hiring a lawyer is learning about Texas’s car accident laws from a source you can trust. Your lawyer can explain the ways in which an insurance company might try to avoid paying you a fair or reasonable amount, such as by using the comparative negligence defense. This defense tries to reduce the at-fault party’s liability by proving that the injured victim also contributed to the car accident. In Texas, if the defendant succeeds in proving your comparative negligence, you will receive less compensation for your injuries and damages.
Texas uses a modified comparative negligence system. This system reduces a plaintiff’s financial recovery by an amount equivalent to his or her proven degree of fault. If your original award was $60,000, for example, but you were found to be 15% responsible for the car accident, the courts would take away 15% of the award ($9,000), leading to a final recovery amount of $51,000. The modified aspect of Texas’s comparative negligence law imposes a 51% cap on the ability to recover. If found more than 50% responsible for a car accident, you will lose 100% of your ability to recover. This rule makes it critical to hire a lawyer. A lawyer will help you minimize your percentage of fault for an auto accident.
How to Deal With a Car Insurance Claims Adjuster?
Comparative negligence is one of many defenses an insurance company may use to try to avoid paying you fair financial compensation for a car accident in San Antonio. The insurance company’s main goal will be to pay you as little as possible so that the carrier can make a profit and benefit its investors. For this reason, it is important to be cautious when dealing with the insurance claims adjuster assigned to your case. Use proven tips during negotiations with an insurance company in Texas to protect your right to recover.
- Get as much information about your car accident as possible before talking to the adjuster.
- Do not allow the adjuster to convince you to admit fault for the car crash.
- Only answer the questions the adjuster asks you. Answer as succinctly as you can.
- Only state the facts of the accident case as you recall them.
- Don’t be afraid to say, “I don’t know,” if you do not have an answer.
- Do not allow the adjuster to take a recorded statement from you.
- Do not sign anything from an insurance company without consulting a lawyer first.
- Do not sign a medical release waiver.
- Avoid saying yes to a fast settlement offer.
- Don’t feel pressured to talk to a claims adjuster.
- Hire a lawyer to handle insurance claim negotiations for you.
If you have never dealt with an insurance company claims adjuster after a car accident, it is wise to use an attorney for negotiations. An attorney will know exactly how to handle an adjuster so you do not make any critical mistakes, such as accepting a lowball offer. Once you say yes to a settlement offer - even an offer that vastly underestimates your damages - you cannot go back and renegotiate for a higher amount. This is why it is important to work with a car accident lawyer from the very beginning of your insurance claim.
How Much Is Your San Antonio Car Accident Case Worth?
Knowing how much your case is worth is one of the fundamental ways in which an attorney can help you. While an insurance carrier will want to downplay and minimize your damages, an attorney will want to do the opposite. Increasing your financial recovery also increases the amount your lawyer gets paid. You can trust the value an attorney gives your car accident or personal injury claim to be honest, fair and true. At The Law Firm of Aaron A. Herbert, P.C., we start each personal injury case with a clear and concise evaluation of the client’s damages. We will help you list all economic and noneconomic losses you have suffered in connection with the auto accident.
- Property damages
- Medical expenses (past and future)
- Rehabilitation/therapy costs
- Travel expenses
- Rental car costs
- Lost income
- Pain and suffering
- Emotional distress
- Inconvenience
- Legal fees
Your specific losses will depend on your case. If you lost a loved one in a fatal car crash in San Antonio, for example, you could seek compensation for funeral and burial costs, loss of consortium, loss of your loved one’s companionship, mental anguish, and lost inheritance. Our attorneys can let you know how much we believe your car accident case is worth after listening to your story, getting to know you and evaluating your damages. Then, if we accept you as a client, we will fight for maximum financial compensation from the negligent party on your behalf.
How Much Does it Cost to Hire an Attorney?
With the right attorney, you and your family will not have to worry about the costs of legal representation after a car accident. Find a lawyer who operates on a contingency fee basis, such as the attorneys at The Law Firm of Aaron A. Herbert, P.C. Our payment system demonstrates our wish for all injured accident victims to benefit from high-quality legal representation, regardless of financial situation.
We never charge our clients out of pocket. You will not owe us any attorney’s fees upfront. We will take care of all filing fees and legal costs for you during the handling of your claim. Then, we will deduct our attorney’s fees from the settlement or judgment award we win on your behalf - and only if we win. If we do not win, you will not pay. That is our No Fee Guarantee to you as a client. If we do win your case, we will take our fees as a percentage of the money the defendant pays you. That way, you never have to afford the cost of hiring an attorney out of pocket.
Contact an Experienced San Antonio Car Accident Lawyer
Being in a car accident can lead to costs such as medical bills, rental vehicle charges, and lost wages. You may be able to recover these costs from a negligent driver but may feel overwhelmed with the thought of navigating a personal injury claim in Texas. You do not have to handle your claim alone. Work with the San Antonio car accident attorneys at The Law Firm of Aaron A. Herbert, P.C. for assistance. Request a free consultation today.
Contact Our Firm
Contact the firm to discuss a San Antonio car accident claim.
Frequent Ask Questions
Knowing what to do immediately after a car accident is crucial. According to Texas law, every accident involving injury, death, or damage exceeding $1,000 requires a report. Here’s a quick checklist:
1) Stay at the scene and ensure everyone's safety.
2) Call the police to file an official report.
3) Exchange contact and insurance details with the other driver.
4) Record evidence by taking photos and gathering witness information.
5) Seek medical attention, even if injuries aren't immediately noticeable.
6) Contact a San Antonio car accident lawyer to help you manage insurance claims and legal actions.
Time is of the essence when filing a car accident lawsuit in Texas. According to Texas Civil Practice & Remedies Code Section 16.003, you must file a claim two years from the accident date. Missing this deadline can result in losing your right to seek compensation. Don't delay; connect with a San Antonio car accident lawyer as soon as possible to start the process.
A car accident can lead to various damages, and you may be eligible for compensation for several factors, such as:
1) Medical costs for emergency care, treatments, and ongoing therapy.
2) Lost wages due to time out of work.
3) Property damage for vehicle repairs or replacement.
4) Pain and suffering for emotional distress and reduced quality of life.
Uninsured drivers add a layer of complexity to car accident cases. If someone without coverage hits you, you may still have options, such as:
1- Filing a claim through your Uninsured/Underinsured Motorist (UM/UIM) coverage.
2- Pursuing a personal injury lawsuit against the at-fault driver.
A skilled attorney can guide you through the process and explore every avenue to ensure you get the compensation you need. Contact a San Antonio car accident attorney to learn about your options.
Absolutely. If you were a passenger involved in a car accident, you have the right to file a claim against the at-fault driver, whether it was the driver of the car you were in or the other party involved. Compensation could include medical bills, lost wages, and other damages.
Passengers often hesitate to file claims involving friends or family but remember, insurance is there to cover these costs. A car accident lawyer can help you approach the situation tactfully while protecting your rights.
Client Review: “Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.” - Christine S.