San Antonio, Texas Car Wreck Attorneys - Negligence in Serious Auto Accident Cases

A serious auto accident can leave you with severe injuries, lasting side effects, and maybe even the loss of a vehicle. You may need urgent medical care at the scene, which limits your ability to collect evidence or communicate with law enforcement. Once you are stable and on the path to recovery, you may suffer additional injuries in the form of economic and noneconomic damages. The best thing to do in this situation is to hire a reputable local lawyer to fight for your right to compensation.

At Carabin Shaw, our experienced, trusted team of San Antonio TX car accident lawyers have served our community proudly for over thirty years. We will aggressively pursue negligence claims against the responsible party and seek fair compensation for your losses. Read our client reviews to learn more about our compassionate and effective legal services.

Your lawyer must prove five elements of negligence to hold another party accountable after an auto accident. These elements are:

1. Duty of care: you owe someone a reasonable level of care
2. Breach of duty: the standard of care was not met
3. Harm: injuries or damages were suffered by the victim/plaintiff
4. Proximate cause of harm: direct and foreseeable link between negligence and injuries

Proving negligence in car accidents means showing the court that if the defendant acted responsibly, the accident could have been avoided. The victim and their legal team must also prove that the accident caused the injuries in question and that they were not pre-existing.

When the court finds that a defendant is negligent, he or she is liable for damages. Businesses or parents may be liable for the negligence of their employees or children through the legal concept of vicarious liability. San Antonio car wreck lawyers will help you determine how to file your personal injury claim so the correct parties are held accountable for their negligence.

San Antonio roadways like I-35 and Loop 1604 are well-known for dangerous conditions stemming from congestion, heavy truck traffic, and construction. Drivers must be active and alert to avoid collisions. Examples of negligent acts that frequently lead to accidents include:

• Running a red light
• Speeding
• Texting or phone use (distracted driving)
• Substance use (drunk driving)
• Failing to signal
• Failing to yield
• Tailgating
• Road rage
• Fatigue

Third parties may also be liable in a personal injury lawsuit. These people aren’t directly involved in the accident but contributed to its cause. Vehicle manufacturers are an example of a third party that may be liable for vehicle defects. Construction companies, government entities, and property owners may also contribute to an auto accident. Car wreck attorneys in San Antonio, Texas will identify the negligent party who is responsible for your accident.

In a civil action, negligence may be easy to prove when the defendant is cited for unsafe behavior. The documentation from law enforcement can serve as evidence in your civil lawsuit. Other types of evidence that will help your San Antonio attorney to prove negligence and damages include:

• Photos of the accident scene and injuries/property damage
• Eyewitness testimony
• Police reports
• Video footage from CCTVs or dashcams
• Debris
• Vehicle data recorders
• Medical records
• Receipts and invoices
• Expert testimony
• Victim testimony

Especially when there are serious car accident injuries, a lawyer is essential for evidence collection and computation of damages. Claiming a sufficient amount of damages is essential for recovery from the accident, and your legal team will know how to assign value to injuries such as pain and suffering or mental anguish.

A severe accident may also involve several vehicles and multiple liable parties. In the state of Texas, liable parties may have shared liability or proportionate responsibility. In this type of case, compensation from each liable party is proportionate to their percentage of fault.

At Carabin Shaw, transparency increases client satisfaction in a personal injury claim. We offer our services on a contingency-fee-basis to eliminate the financial risk in a lawsuit. Call our toll-free number at 800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.

For more information:

• American Bar
• TX DoT
• Texas Statutes 33