Car Accident Lawyers
Experienced Car Accident Attorneys Serving Clients Nationwide from Our Texas Offices in San Antonio, Corpus Christi, and Austin
For more than 25 years, our Texas auto accident attorneys have represented victims of car crashes and negligent drivers and helped them receive the compensation they deserve. At Thomas J. Henry, our knowledgeable and experienced attorneys are backed by the legal and financial resources necessary to develop your case and put you in the best position possible. Our record of helping our clients achieve record-breaking verdicts, settlements, and judgments is a testament to the hard work, tenacity, and dedication of our team of lawyers.
We utilize the best experts from across the country to assist in automobile accident cases. From accident reconstruction experts to doctors and surgeons, employing the right expert for your case can be critical in achieving a successful result.
When the unthinkable happens on the roadways, our experienced car crash lawyers can help ensure that your case is handled correctly and with care, from the scene of the wreck to the resolution of your case. We have offices in San Antonio, Corpus Christi, and Austin, and our attorneys are available 24/7, nights and weekends to hear your claim. Call us today to set up a free case review.
WHAT SHOULD I DO AFTER A CAR ACCIDENT?
There are important steps you can take following an automobile accident that can help ensure the safety of you and your loved ones and protect your legal rights as an accident victim.
Steps to take after a car crash include:
- Stop immediately after the crash
- Even if a collision is minor, it is important to remain at the scene. Never flee from the scene of an accident as it is illegal and will only make matters worse.
- Assess the situation
- Car crashes can be disorientating. It is important that you take a moment to assess the situation. Check yourself and your passengers for injuries. Determine if it is safe to exit your vehicle and see what routes are available for a safe exit. Refrain from moving anyone who has suffered a back, neck, or spinal injury if at all possible.
- Make the accident visible
- Accidents are an unexpected disruption to traffic flow, and numerous accidents occur by drivers crashing into the site of a previous collision. You can prevent further accidents and hazards by turning on your vehicle’s warning lights, setting out reflectors, or activating road flares. It is also smart to keep a flashlight in your car – should an accident occur at night, you can carry the flashlight after exiting your vehicle to make yourself more visible.
- Notify the police
- If there is an emergency, contact 911. Otherwise, contact your local police department – even if there are no serious injuries. A detailed police report will go a long way when you file a claim with your insurance company. If there is an injury, call paramedics to the scene. If there is any confusion whether or not an injury has occurred, err on the side of caution and have an ambulance respond to the scene.
- Record the facts
- Speak with the responding officers and be as accurate and forth coming as possible. Do not feel like you have to have all the answers. Do not speculate at the facts of the accident or whether you sustained an injury. If you are unsure how the accident occurred or unsure if you have sustained an injury, it is okay to respond with “I don’t know.”
- Take pictures
- A major benefit that has come with the popularity of cell phones is that the vast majority of people have a camera with them at all times. Take photos of your vehicle, any visible damage, the scene of the accident, and any injuries that you or a passenger may have suffered.
- Gather and exchange information
- More often than not, the responding officer will obtain insurance information from all drivers involved. If this does not occur, gather the name, phone number, and addresses of all persons involved in the accident, including passengers and witnesses. You should also obtain the insurance information of all driver involved by requesting to see each vehicle’s insurance card.
- Seek medical attention
- Pain and injuries may not be immediately evident following an accident. In fact, much of the pain will occur a day or two following the crash. Again, if there is any uncertainty whether you have sustained an injury, err on the side of caution. There is no harm in getting a check-up at your local emergency room or in making an appointment with your primary physician. Let them have the final say, even if only for peace of mind.
- Report the accident to your insurance
- Contact your insurance company as soon as you can following a crash – most policies actually require immediate reporting of an accident. This will also let you discuss your medical benefits as well as get your claim under way. As your claim is process, keep a detailed log of any medical bills, updates, changes in health, and crash related expenses such as rentals.
- Contact an experienced car crash attorney
- The role of your attorney is not simply to file a lawsuit. An attorney is responsible for protecting your rights and for making sure insurance companies are acting in your best interest. A good attorney will help you obtain and protect valuable evidence, provide legal advice before you provide a statement to the insurers, ensure you receive the medical attention you need, and press insurers to process your claim in a timely and fair manner. Should your rights be infringed upon, the best attorneys are those who are willing and ready to go to trial.
What Will My Auto Accident Attorney Do First?
As soon as you contact Thomas J. Henry, your attorney will begin taking steps to preserve and gather evidence for your case. This may include filing a temporary restraining order, obtaining witness statements, gathering photographs of the accident, and reviewing official reports. The goal is to gather whatever evidence is necessary to verify how the accident happened and establish who was at fault.
Your attorney will also request information from your doctor concerning your injuries. Once your physical condition is considered to be stable, your attorney can begin assembling medical reports, records, and bills. They will also seek out employment records in order to evaluate damages related to lost wages and loss of earning potential.
Once all available evidence of your accident, injuries, and damages has been obtained and thoroughly reviewed, your attorney may begin to solicit an offer from the insurance company involved.
When Can I Expect Settlement Discussions to Begin?
Generally, settlement discussions will not begin until both your attorney and the defense’s attorney have completed their pretrial investigations and the discovery process. During discovery, attorneys on both sides of the docket may solicit written answers from the opposition, known as interrogatories, or request sworn testimony under oath, known as depositions. It is rare for insurance companies to engage in serious settlement negotiations before completing the discovery process.
If your case is particularly complex or deals with a commercial trucking company, the defense may wait for your attorney to identify their expert witnesses before discussing settlement amounts. This is because expert witnesses can make or break a case. If a personal injury attorney is able to obtain expert witnesses who are knowledgeable and capable of providing compelling testimony, chances are the attorney has done the work necessary to make a valid case during trial.
In other cases, the defense attorney will not want to settle a case until they have filed a motion for summary judgment, also known as a motion to dismiss the case. If the court grants the motion to dismiss, it means the case is over; however, if the court denies the motion, a good personal injury attorney will see this as a potential point of leverage in future negotiations.
What If My Texas Auto Accident Case Goes to Trial?
If your case goes to trial, then you and your attorney need to be ready to fight the long fight. If you have hired a competent attorney, then they will have already gathered the evidence and witness testimony to prove your claim before a jury or judge.
It is important to understand that trials take time – as such, patience is key. While there is little that can be done to speed up the litigation process, there are ways to use this time to your advantage. While your case is pending, your attorney will coach you on court room procedures and how to handle questioning and cross-examination. They will also continue to review evidence for new opportunities to improve your claim to compensation.
Thomas J. Henry has been successfully trying cases against large companies for the past 30 years and has built a reputation by securing record-breaking jury verdicts. With a team of more than 100 attorneys ready to represent injured clients at a moment’s notice, we have the money and the resources to fight and win against even the largest trucking and insurance companies.
WHAT ARE THE TOP CAUSES OF CAR ACCIDENTS?
- Speeding is one of the most prevalent causes of car accidents in the United States. Between 2003 and 2012, speeding was a contributing factor in at least 30 percent of all fatal crashes. In 2015, there were 9,957 speeding-related fatal crashes.
- Speeding and alcohol involvement go hand-in-hand when it comes to fatal car accidents. In 2012, 42 percent of speeding drivers were also legally drunk — having a blood alcohol concentration of .08 or higher.
- Distracted Driving
- Distracted driving has become of the most notorious causes of car wrecks in the United States. With the advent and popularity of smartphones and other digital devices, distracted driving-related crashes have increased over the past decade. In 2014, there were 3,179 people killed and an estimated 431,000 people injured in car crashes involving distracted drivers.
- Eighteen percent of all injury car crashes were reported as a result of a distracted driver in 2014. In addition, in 2014, ten percent of the fatal crashes were reported as distraction-affected crashes. Learn more about distracted driving crashes.
- Drunk Driving
- Drunk driving accidents continue to plague the roadways, causing more than $44 billion in damage each year and claiming the lives of 28 people every day. In 2014, there were 9,967 deaths in alcohol-impaired driving crashes. Drunk driving crashes accounted for 31 percent of all traffic-related deaths.
- One of the most deadly car crash causes is also one of the most preventable, and oftentimes it is our most vulnerable population that is affected by drunk driving. In 2014, 19 percent of traffic deaths among children ages 0 to 14 involved a drunk driver. Learn more about drunk driving accidents.
- Reckless Driving
- Reckless driving covers a number of actions and deals with a general disregard for traffic regulations and safety, whether it be intentional or accidental. This can include failing to adhere to stop signs or other posted traffic signs, unsafe changes of direction or lane changes, or failing to keep proper look out.
- Although the definition of reckless driving may vary from state to state, the dangerous nature is the same. Reckless driving can result in serious injury, property or vehicle damage, or oftentimes death.
WHAT ARE THE MOST COMMON CAR ACCIDENT INJURIES?
In 2015, an estimated 2.44 million people were injured in motor vehicle traffic crashes — that’s 6,693 people per day. Injuries from auto accidents can range from minor to severe and can leave you with long-term effects on your physical and mental health. No matter the severity, our attorneys work tenaciously to get injured clients the compensation they deserve. Here are the most common types of auto accident injuries:
- Soft tissue injuries
- Strained ligaments
- Back muscle sprains
- Scrapes and Cuts
- Traumatic brain injuries
- Chest injuries
- Broken ribs
- Internal injuries
- Broken bones
- Jaw injuries
- Loss of teeth
- Neck injuries
- Crushed larynx
- Crushed trachea
- Broken neck
- Pelvic injuries
- Penetration injuries
CONTACT AN EXPERIENCED CAR ACCIDENT ATTORNEY
If you or a loved one have been injured in a car crash, contact Thomas J. Henry. Our experienced auto accident attorneys have experience handling a multitude of injury accidents, no matter how severe the crash or injury. You may be entitled to compensation for your damages if another driver acted negligently. Our firm has the experienced lawyers and financial resources that you need to achieve the real results you deserve.
Our firm has offices in Corpus Christi, San Antonio, and Austin serving clients across Texas and nationwide. Call us today for a free case review — attorneys are available 24/7, nights and weekends. If you cannot make it to our office, we can visit you at your home, in the hospital, or at work.
I highly recommend Thomas J. Henry Law Firm. They keep you updated throughout the process. Staff is very friendly and good about making you feel at home.
– Selena P., 9/24/2018
RECENT AUTO ACCIDENT RESULT
$1.8 MillionExpenses: $20,000.00 | Attorneys Fees: $765,000.00 | Net to Client: $1 Million
RECENT AUTO ACCIDENT RESULT
$1.5 MillionExpenses: $258,511.57 | Attorneys Fees: $637,500.00 | Net to Client: $603,988.43
RECENT AUTO ACCIDENT RESULT
$2 MillionExpenses: $78,475.96 | Attorneys Fees: $850,087.96 | Net to Client: $1,071,436.00
RECENT AUTO ACCIDENT RESULT
$1.5 MillionExpenses: $29,673.00 | Attorneys Fees: $637,500.00 | Net to Client: $747,331.00
RECENT AUTO ACCIDENT RESULT
$2.3 MillionExpenses: $200,000.00 | Attorneys Fees: $900,000.00 | Net to Client: $1.2 Million
Car Accident FAQs
Do you have pressing questions regarding your automobile accident? Check out the following FAQs. If you don’t find your answer below, contact us and speak with an experienced motor vehicle accident lawyer at anytime.
- What do I do if I'm in a car accident?
If you are involved in an automobile accident, you should never leave the scene; otherwise, you could face criminal charges. Your first step is to call an ambulance if someone has been injured. Make sure your vehicle is not creating a hazard to other motorists by moving it from traffic, when possible. Call the police and file an accident report. Never admit liability — this is a legal matter that will be investigated later. Be sure to collect the names, addresses, and phone numbers of any witnesses, or others involved in the accident. It is also a good idea to take photographs to document skid marks, vehicle damage, road obstructions, and injuries.
- How soon after an accident should I get a lawyer?
Quickly. To be safe, you should talk to an attorney as soon as possible, especially if the injuries are severe or a death has resulted. All too often valuable evidence disappears, witnesses move, memories grow dim and the practical ability to prove your case may diminish. If you are still being treated by a physician, an attorney can also provide you with guidance concerning your medical care and help you deal with unpaid bills and getting needed treatment. Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy’s terms, or suspect bad faith on the part of your insurance company. Contact Thomas J. Henry to discuss your personal injury case for free.
- Can I hire a Texas lawyer if I live in another state?
Yes, you can hire a Texas lawyer if you live in another state. No matter where you live, it is important to find a lawyer who has the necessary legal resources, experienced staff, and dedication to help you obtain the best results for your case. It is also crucial that you find an attorney who has experience in your needed legal area. For example, you don’t want to hire a criminal defense attorney when you suffered injuries from an accident caused by someone else’s negligence. When it comes to your case, look for the type of lawyer who deals with the laws surrounding your situation.
- I feel fine. Should I still see a doctor after my automobile accident?
Definitely. Many times injuries sustained during an automobile accident are not recognized or noticeable until days or weeks after the accident. This means that even though you may feel fine now, you may be suffering from internal injuries. You should always seek medical attention after being involved in an auto accident. When you do see the doctor, make sure to mention any complaint you may have, no matter how minor. Don’t play medical expert and evaluate the importance of a symptom. If you did not cause the auto accident, the law allows you to seek and receive compensation for any medical bills you have incurred after the collision.
- What should I do if I think the accident was at least partly my fault?
Despite your honorable intentions, be aware that you are probably not in the best position to figure out how or why the accident happened. There are many possible causes for an accident. Accepting blame and apologizing to another driver can be used against you later. Contact our auto accident lawyers and let us help preserve your rights as an accident victim.
- What happens if the other driver and I were both at fault for an automobile accident?
In Texas, liability can be shared by multiple parties. However, if you’re found to be 51 percent or more at fault for the accident, you cannot recover damages.
- When the police arrive at the scene of the accident, is it okay for me to talk to them?
Yes, you should. Whether you are the victim or the cause of an automobile accident, limit yourself to discussing the facts. You should avoid taking blame for the accident or making accusations.
- Should I notify my insurance company of the accident?
Yes. You have a duty to cooperate with your own insurance company. Most insurance companies require their policyholders to promptly report every auto accident so that they can gather basic information. In fact, failure to provide information to your insurance company in a timely manner can result in loss of coverage for the accident. However, you should avoid making statements about who was at fault in the accident and only relate the facts of the accident as they occurred. You should consult a personal injury attorney before providing any other information to the insurance company.
- How do I go about getting my car repaired?
Depending on the type of automobile insurance you carry, you may simply be able to contact your own insurance company about repairing your car. If you have the right coverage, your insurance company will pay for the repairs to your vehicle. Your insurance company may then seeks repayment from the at-fault driver’s insurance company. They will have what is called a subrogation lien for the property damage.
- Who is responsible for providing me with a rental car while my vehicle is being repaired?
The at-fault driver’s insurance company should provide you with a rental car to drive while the repairs to your car are being made. Needless to say, this can be a big hassle if insurance company is disputing liability, or if they require time to authorize a rental. If you have rental car coverage on your own insurance company, you should contact your insurance company about getting them to provide you with a rental car, and let them directly seek reimbursement from the liable insurance provider.
- What do I do if the other driver and insurance company denies liability?
Liability is the easiest thing for insurance companies to dispute to avoid paying on a claim altogether. It is, therefore, not uncommon for the insurance company to dispute liability even if their driver is liable. It then becomes your job to prove liability and that the other driver was at fault in causing the collision. If the police report is clear and comprehensive, it alone may be enough to prove liability. However, if liability isn’t clear from the police report, you will likely find that the insurance company will not offer you the full value for your case until you get an experienced personal injury attorney to assist you in handling your claim.
- What should I do if I was injured in an automobile accident but I don’t have health insurance?
Seeking medical treatment after an accident is one of the most important things you can do. If you do not seek medical treatment or have a gap in medical treatment following an accident, your case may be negatively impacted. In addition, one of the first things you should do after an accident is seek medical attention. Oftentimes right after an accident, you won’t feel hurt. However, as time passes you will begin to feel the ill effects of your accident. If you don’t have health insurance, you may be able to get your medical bills paid by other means, such as Medicaid and Medicare, or you may be able to get reimbursed for your medical bills by the at-fault party’s insurance company. If you are unsure where to turn after sustaining an injury in a car crash, our personal injury attorneys can help you find the treatment you need.
- Can I file a claim against a driver in an injury accident if I’m a passenger?
If you were injured in a car accident as a passenger, you can file a personal injury claim against whichever driver was found to be at fault for the accident, regardless of whether the at-fault driver was at the wheel of the vehicle in which you were riding.
- How much time do I have to file a personal injury claim?
The time limit placed on bringing a personal injury or wrongful death claim is called the “statute of limitations.” It is important to file a legal action within this period because if you don’t, you may forfeit your right to compensation for any damages suffered. In most cases, the statute of limitations is two years from the date of injury. The statutes of limitations vary from state to state, and they may differ depending on the type of claim.
- What should I do if the at-fault driver flees the scene?
Unfortunately, hit and run collisions leave many people injured every year. If you’re involved in such an accident, you should NOT try to follow or chase the other car. Instead, you should do the best to remember the following: license plate number, a description of the driver, and the color, make, and model of the car. Regardless of how much information you’re able to get, you should immediately call the police. It is crucial to make sure that a report is filed, as this will play an extremely important role in your claim. You can follow up and request a copy of this report later. It is also vital to seek immediate medical attention for any injuries you have suffered — your safety should be your top priority.