San Antonio Car Accident Attorney

Get the Justice and Financial Recovery You Deserve

Traffic can be hazardous in and around San Antonio. Millions of Texans travel on local roadways every day, according to the Texas Department of Transportation (TX DOT). The sheer volume of vehicles leads to frequent collisions on highways such as 1-10 and Loop 1604. Bexar County reported 48,522 traffic crashes in 2024, many of which caused death or severe injuries.

If you have been injured in a car accident, the right legal representation can make a difference in the outcome of your case. At the Law Office of Raul A. Guajardo, P.L.L.C., we take a client-centered approach. Our San Antonio car accident attorney has extensive experience and a proven track record. We provide comprehensive legal support, handling every aspect of your case, from investigating the accident to negotiating with insurers and representing you in court if necessary.

Leading Causes of Vehicle Wrecks

Many factors contribute to traffic accidents. Human error plays a role in most collisions on Texas roads.

Distracted driving: Driver distraction remains a primary cause of collisions throughout the state and nationwide. In 2023, it claimed 3,275 lives in the U.S., according to the National Highway Traffic Safety Administration (NHTSA). Texting, looking at GPS, adjusting the radio, or talking to passengers takes the driver’s eyes and attention off the road. At highway speeds, even a two-second distraction means traveling blind for hundreds of feet.
Speeding: Excessive speed reduces the time a driver has to react to sudden changes in traffic flow. Speeding also dramatically increases the impact of force in a collision, leading to more severe vehicle damage and bodily harm.
Reckless driving: Aggressive behaviors behind the wheel, such as tailgating, illegal lane changes, running red lights, and failing to yield the right of way, are all forms of driver negligence that put others on the road at risk.
Impaired driving: In a recently reported year, statewide, 1,053 people died in traffic crashes in which a driver was under the influence of alcohol, accounting for 25.37% of all traffic fatalities, as stated by the TX DOT. Drivers under the influence of alcohol or drugs are a serious problem in the San Antonio area. Drunk driving accidents can result in severe or fatal injuries because drivers often fail to brake before impact.
Driver fatigue: Drowsy driving is a common occurrence on long stretches of 1-10 or I-35. Commercial truck drivers and shift workers are particularly prone to falling asleep at the wheel, which can lead to high-speed, unbraked collisions.
Poor weather conditions: Sudden Texas downpours can create slick road surfaces. Drivers who fail to adjust their speed can hydroplane and lose control of their vehicles.

Types of Vehicle Collisions in San Antonio

Our personal injury law firm handles all types of traffic accidents. Each crash type presents its own physical forces and legal challenges.

Rear-end collisions: These impacts occur frequently in stop-and-go traffic on Interstate 35. Even at low speeds, rear-end crashes can cause significant injury to the neck and spine, as the occupants of the vehicle in front are thrust violently forward and backward.
T-bone collisions: Broadside impacts often occur at intersections when drivers ignore stop signs or traffic signals. These accidents are particularly dangerous, as the sides of a car offer far less structural protection than the front or rear.
Sideswipe accidents: These collisions are common on multi-lane highways such as Loop 1604 when drivers change lanes without first checking their blind spots. A sideswipe at 65 mph can send a vehicle spinning out of control into traffic or a concrete barrier.
Head-on collisions: While less common than rear-end impacts, head-on collisions usually cause life-threatening injuries. This type of crash can occur on rural, undivided two-lane roads or when an intoxicated or confused driver enters a highway off-ramp traveling in the wrong direction.
Rollovers: Sport utility vehicles and commercial trucks are more prone to rollovers because of their higher centers of gravity. These accidents can eject passengers who are not wearing seatbelts, and the roof of the vehicle can cave in on occupants.
Multi-vehicle pileups: Dense fog, sudden downpours, or abrupt traffic stops on busy highways can trigger a chain reaction, leading to a multi-car pileup. A single initial collision can lead to a sequence of secondary impacts as trailing drivers fail to brake in time. These cases present complex legal challenges, as multiple drivers may share different percentages of fault.

Common Injuries in San Antonio Car Accidents

The impact of two vehicles colliding generates a tremendous kinetic force that the human body absorbs. A severe traffic crash can alter your life in an instant. Car accidents cause many types of injuries. The following are some of the most common:

Whiplash and soft tissue injuries: Victims of rear-end and other collisions often suffer whiplash, named for the whip-like motion of the head and neck when a vehicle is hit from behind. These injuries involve stretching or tearing of muscles, tendons, and ligaments in the neck and upper back. Although whiplash may not show up on an X-ray, it can cause chronic, debilitating pain.
Bone fractures: The sheer force of a crash can break legs, arms, ribs, and collarbones. Compound fractures require immediate surgery and the insertion of pins or plates to stabilize the bone structure.
Traumatic brain injuries: TBI is common in auto accidents, when the head strikes a steering wheel, window, or airbag, but head trauma does not always involve direct impact. Sudden deceleration in a collision can cause the brain to slam violently against the inside of the skull. Traumatic brain injury can range from a mild concussion to severe cognitive impairment, memory loss, and motor function deficits.
Spinal cord injury: Damage to the spinal cord is among the most serious outcomes of a crash. Spinal trauma can cause ruptured discs, nerve damage, or partial or total paralysis. Treatment may involve multiple surgeries and lifelong physical therapy.
Internal organ damage and bleeding: Blunt force trauma to the abdomen or pressure from a seatbelt can rupture the liver, spleen, or kidneys. Although it may not be apparent immediately after the crash, if left untreated, internal bleeding can be fatal.
Psychological trauma: The invisible scars of a car accident are real. Many victims develop PTSD (post-traumatic stress disorder), anxiety, or a fear of driving after a severe wreck.

Steps to Take Immediately After a Crash

Your actions immediately after a collision can impact your health and future legal claims. If you are physically able, take the following important steps:

Move your vehicle: Relocate to a safe shoulder if possible to avoid further pileups.
Check for injuries: Assess yourself and your passengers for physical harm first. Then check on the occupants of the other vehicle to determine if anyone needs help.
Call 911: Request police and medical personnel dispatched to the scene immediately.
Undergo a medical assessment: Adrenaline can mask pain after a crash. You may not realize you are injured until hours later. An ambulance request or emergency room visit protects your health and documents your physical condition immediately after the incident.
Exchange information: Give your name, phone number, and insurance information to the other drivers involved, and collect the same from them.
Gather evidence at the scene: Take pictures of the damage to all vehicles involved, road conditions, traffic signs, and any visible injuries. Get names and contact information for any eyewitnesses.
Limit your statements: Do not admit fault or apologize to anyone at the scene of the crash.

Communicating with Insurance Companies

Insurance adjusters may contact you shortly after the accident. They are not on your side. Their primary goal is to minimize the company’s payout to protect corporate profits. Never provide a recorded statement without legal representation present. Adjusters often ask leading questions designed to make you admit partial fault or to downplay the severity of your physical pain.

Another common tactic is to ask you to sign a blank medical authorization form. This gives the insurance company unrestricted access to your entire medical history. They can use this access to search for pre-existing conditions and argue that your current medical needs are unrelated to the car crash. You are not legally required to sign these broad authorizations for the insurance company to process your claim.

Insurance agents may offer a quick settlement within days of the collision. This initial offer rarely covers the full extent of your medical bills, lost wages, and property damage. To accept an early settlement, you must sign a release of liability, which forever waives your right to pursue further compensation if your injuries should require sudden surgery or long-term care. The Texas Department of Insurance explains auto insurance claims and outlines your rights as a consumer, but it cannot give you legal advice regarding the true financial value of your claim.

Be cautious even when speaking with your own insurance provider. Your uninsured motorist carrier wants to protect its bottom line and will look for ways to deny or minimize your coverage. Direct all communications from any insurance agency to your car accident attorney to ensure your rights remain fully intact.

Proving Negligence in and Out of Texas Courts

The cornerstone of any personal injury claim is establishing fault. To secure compensation, your legal team must prove four distinct elements. First, we must show that the at-fault driver owed you a duty of care. All drivers have a legal duty to operate their vehicles safely and follow traffic laws. Second, we must prove the driver breached that duty through a specific action, such as running a red light or texting while driving. Third, we must demonstrate that the breach directly caused the collision. Finally, we must prove the collision resulted in actual, quantifiable damages.

Texas follows a modified comparative fault rule with a 51% bar. You may recover damages provided you are not more than 50% responsible for the crash. If you are less than 51% responsible, your total financial award will be reduced by the percentage of fault assigned to you by the jury. For example, if you are awarded $200,000 in damages and the jury determines you were 10% at fault for the accident, your final compensation will be $180,000.

If your case is settled out of court, percentages of fault are determined through a negotiation process between the insurance company and your attorney. The actual percentage of fault is simply the number both sides agree on. If a mutual agreement cannot be reached on fault and the final financial figure, settlement negotiations fail, and the next step is filing a lawsuit.

After a crash, the insurance company conducts its own investigation. Claims adjusters review police reports, photographs of vehicle damage, traffic camera footage, witness statements, and all available evidence. Based on the evidence and their interpretation of Texas traffic law, they will assign a preliminary percentage of fault to each driver. Because their goal is to minimize their payouts, they often assign a higher percentage of fault to the accident victim.

Your legal team will conduct an independent investigation to challenge the insurance company’s findings. Our experienced car accident attorney will gather counter-evidence, such as cell phone records, medical records, and accident reconstruction data, to dispute the initial fault assignment. The goal is to prove that the other driver holds most, if not all, of the liability.

Potential Compensation for Injured Victims

Victims of negligent drivers have a right to seek financial compensation. Damages are classified in the following three categories:

Economic damages: These cover quantifiable monetary losses. Common economic damages in car accident claims include past and future medical expenses, including physical therapy and rehabilitation, lost wages or income, loss of future earning capacity, and costs of vehicle repair or replacement.
Non-economic damages: These damages are compensation for intangible, subjective losses. Physical pain and suffering, mental anguish, emotional distress, and diminished quality of life fall under this category.
Punitive damages: In rare cases involving gross negligence or intentional misconduct, a judge or jury may award punitive damages. Also known as exemplary damages, they are intended not only to compensate the victim but also to punish the wrongdoer and deter others from such actions.

Importance of Meeting Legal Deadlines

Every state imposes a strict deadline for filing a civil lawsuit. The statute of limitations for personal injury claims is set at two years from the date of the injury (or crash) under the Texas Civil Practice and Remedies Code. In most cases, if you fail to file within this two-year window, your claim will be forever barred.

Gathering evidence and building a strong legal argument takes time. If you wait too long to seek legal assistance, it could jeopardize your ability to recover funds. Prompt action allows your legal team to interview witnesses while their memories are fresh and to ensure evidence from the crash scene is properly preserved.

Frequently Asked Questions About Car Accidents

Am I required under state law to call the police after a minor fender bender?

You are legally obligated to report certain collisions to law enforcement. Under the Texas Transportation Code, you must immediately contact the local police or sheriff if the crash resulted in death, injury, or property damage to the extent that you are unable to drive the vehicle.

How do I obtain a copy of the official crash report?

You can purchase a copy of your Texas Peace Officer Crash Report directly from the state. The Texas Department of Transportation manages these records through its online Crash Reports and Records system. The cost is $6 for a regular copy or $8 for a certified copy when an official document for a legal proceeding is required. There may be additional processing fees for credit card transactions.

Can I pursue a claim for compensation if I was a passenger of the driver who caused the crash?

Yes, passengers have a right to seek compensation for their injuries. You can file a claim against the liability insurance policy of the at-fault driver, even if he or she is a friend or family member.

What happens if the driver who hit me fled the scene?

Hit-and-run collisions present unique challenges, but you may still have avenues for financial recovery. If the police cannot locate the fleeing driver, you can turn to the uninsured motorist coverage under your own auto policy. A police report to verify the incident occurred as described is required for filing this type of claim.

What are the mandatory minimums for auto insurance in Texas?

Texas law requires all drivers to carry basic liability insurance to pay for any crashes they may cause. The mandatory minimum limits are $30,000 for bodily injury per person, $60,000 for bodily injury per collision, and $25,000 for property damage. The limits are commonly known as 30/60/25 coverage. As hospital bills for serious injuries can easily exceed these minimums, recovering full compensation often requires exploring all available insurance policies.

What if the negligent driver was working for a company at the time of the collision?

Crashes involving commercial vehicles or employees on the clock often bring the employer’s insurance into the picture. Under a specific legal doctrine (respondeat superior, which is Latin for “let the master answer”), companies are generally liable for the negligent actions of their employees while they are performing job-related duties. You would file a claim against the corporate liability policy, which typically carries much higher limits than personal auto policies.

Who pays for my rental car while my vehicle is in the shop?

The at-fault driver’s property damage liability insurance should cover your alternate transportation costs. This coverage is known as loss of use. If the insurance company delays accepting fault, you may need to use the rental reimbursement coverage on your own policy temporarily.

Can I handle my property damage claim on my own?

You have the right to resolve the property damage portion of your claim independently while retaining legal counsel for your bodily injuries. Clients may choose to work directly with the insurance adjuster to have their vehicles repaired or replaced more quickly. If you encounter unreasonable delays or if vehicle appraisals are denied, call our office. We can step in and handle the vehicle negotiations alongside your injury claim.

Are personal injury settlements taxable?

The federal government may not tax the compensation received for a physical injury or sickness. The Internal Revenue Service (IRS) specifies in Publication 4345 (Rev. 9-2023) that settlement funds meant to compensate you for medical bills or physical pain are generally excluded from your gross income. Compensation for lost wages or lost profits, on the other hand, is subject to federal taxes. Punitive damages are also subject to taxation and must be reported on your annual return.

Choosing the Right Representation in Bexar County

Your choice of legal advocate matters after a serious car accident. You need an attorney who focuses primarily on motor vehicle claims and personal injury matters. Familiarity with local courts and judges provides a distinct advantage.

We have in-depth knowledge of Texas traffic laws and civil procedures. Our firm prioritizes clear communication and personalized attention. You will never feel like just another case file. We listen to your concerns, answer your questions honestly, and develop a strategy tailored to your specific goals.

Moving Forward with Confidence

It takes time, patience, and financial resources to recover from a severe traffic collision. You should not have to bear the financial burden of someone else’s reckless behavior. Holding negligent drivers accountable promotes safer roads for everyone in the community.

At the Law Office of Raul A. Guajardo, P.L.L.C., we stand ready to evaluate your situation and advise you on the best course of action. We never charge upfront fees and do not get paid until we win compensation for you. Take control of your recovery by partnering with dedicated legal advocates who will fight tirelessly for maximum compensation. Call us today for a free consultation at Edinburg: 956-276-8819, McAllen: 956-476-6055, or Brownsville: 956-476-7074.