The JRE Law Firm in Texas is dedicated to helping victims of accidents get justice for their injuries. Joseph Rogelio Echavarria is a seasoned attorney who handles serious car and auto accident cases for people hurt across San Antonio, the Hill Country, and all of Texas.
San Antonio Car Accident Lawyer
Auto accidents, though unfortunate, are common. It is often said that the word “accident” is not quite right, since more than ninety percent of crashes are caused by driver negligence. The severity of a wreck largely determines the legal consequences that follow. Every common-law jurisdiction requires the parties involved in a collision to stop at the scene — even when the collision involves only stationary property — to exchange insurance or identification information or to summon the police. Failing to do so turns the incident into a hit and run, which is a criminal offense.
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Most car claims are settled without involving an attorney. But the parties in an auto accident can face criminal liability, civil liability, or both. The state may pursue prosecution in certain cases — for example, when someone is severely injured or killed, or when a driver is shown to have been grossly negligent, intoxicated, or otherwise impaired at the time of the crash. When injuries are serious or fault is disputed, having an experienced car accident lawyer on your side protects both your rights and your recovery.
The right steps to take after a car accident
The right course of action, in keeping with legal safeguards, generally includes the following:
- Stay at the scene. Remain until the police confirm that you may leave. Leaving the scene early can trigger driver’s license sanctions and even criminal charges.
- Help the injured if you are able. If someone is hurt and you are trained in first aid, you may assist — but do not move an injured person. Call the police, report the accident, and state how many people are injured so enough emergency personnel are dispatched. If the crash is on the roadway, turn on your flashers or set out flares to warn approaching traffic.
- Gather information. Take down the other driver’s name and details, along with the names of witnesses and officers (so you can obtain the accident report later), the exact location, and the events leading up to the crash.
- Do not admit fault. Be careful not to admit fault or liability. There may be factors you are unaware of, and it may later become clear that the other driver was actually more at fault.
Say only what is necessary — to the police
It is unnecessary to make statements to anyone else at the scene. Statements should be made only to the police. Simply relating the facts to the officers is enough; they can draw their own conclusions from what becomes apparent. Avoid discussing fault, apologizing, or speculating about what happened with the other driver or any bystanders, and be cautious about recorded statements requested by an insurance company before you have spoken with an attorney.
Get medical care right away
It is essential to seek medical care and attention as soon as possible. Obtain treatment from doctors immediately; otherwise you may be unable to obtain benefits for your injuries. Prompt care does two things: it protects your health, and it creates a clear medical record that links your injuries to the crash. Gaps in treatment are one of the most common reasons insurers use to reduce or deny a claim, so follow your doctor’s instructions and keep every appointment.
Why fault and evidence matter in a Texas claim
Texas follows a modified comparative-fault rule, which means your recovery can be reduced by your share of responsibility — and barred entirely if you are found more than fifty percent at fault. That is why admitting fault at the scene, or giving an unguarded statement, can be so costly. A careful investigation of the police report, witness accounts, photographs, and any available video often tells a very different story than the one an insurance adjuster first presents.
How our firm helps
Our firm investigates the facts, preserves the evidence, handles the communications with the insurance companies, and pursues the full compensation our clients are owed — medical expenses, lost wages, property damage, and pain and suffering. We deal with the adjusters and the paperwork so you can focus on getting better, and we are prepared to take a case to trial when an insurer refuses to make a fair offer.
For a Free Case Evaluation, Call Our Office Today
We take personal injury cases on a contingency basis, which means you do not owe us a fee unless we recover damages on your behalf. Call (210) 272-0101 to schedule a no-cost, no-obligation consultation and discuss how our experience in personal injury law can benefit you. If your injuries prevent you from traveling, home and hospital visits are available.