Crashes on I‑10 near the Medical Center, fender benders on Fredericksburg Road, chain reactions on Loop 410 when a sudden downpour slicks the asphalt — if you drive in San Antonio long enough, you see how quickly an ordinary commute can unravel. After the shock and the scramble, injured people face a system that often feels designed to wear them down. Insurance adjusters call before the tow truck even leaves, medical bills pile up in stacks, and your job cannot wait forever. A seasoned San Antonio car accident lawyer does more than file paperwork. Done well, the work is investigative, strategic, and deeply practical, aimed at getting you back to stability without letting an insurer define your losses on its terms.
This guide distills what truly matters in the first days and weeks after a crash, how fault is determined in Texas, what damages you can claim, and how to choose the right advocate. It blends legal realities with what we see on the ground in Bexar County courts and at settlement tables.
First hours: the choices that shape your case
The moments after a collision are chaotic, and perfect decisions are rare. The law does not require perfection, only reasonable steps. If you are reading this after the fact and did not do everything listed here, you still have options.
If you can move safely, call 911 and request police and EMS. San Antonio Police Department reports matter, even for crashes that seem “minor.” Officers record statements, diagram vehicle positions, note visible injuries, and log insurance details. That report anchors your claim and helps sidestep later disputes over what was said at the scene.
Medical evaluation is nonnegotiable. In our cases, delayed care is one of the most common reasons insurers discount injuries. Adrenaline masks pain. Soft tissue damage, concussions, and internal injuries emerge days later. At minimum, get checked at an urgent care or ER on the day of the crash. Keep every discharge instruction, imaging result, and referral.
Gathering evidence is about preservation, not perfection. Photos of vehicle positions before tow trucks move them, close‑ups of damage, skid marks, road debris, and traffic signals help reconstruct what happened. Note weather and lighting conditions. If there are eyewitnesses who stop, ask for names and contact information. Businesses along San Pedro or North St. Mary’s often have exterior cameras that overwrite footage within 48 to 72 hours. A San Antonio accident lawyer can send preservation letters quickly, but the sooner the ask, the better the odds.
Finally, be careful with statements. You are required to notify your insurer within a reasonable time, but you do not have to give a recorded statement to the other driver’s carrier right away. Adjusters sound helpful, and some are, but their job is to resolve claims cheaply. Politely decline and consult counsel.
How fault works in Texas, and why it is not always obvious
Texas follows a modified comparative negligence rule. If you are found 51 percent or more at fault, you recover nothing. If you are 50 percent or less at fault, your recovery is reduced by your percentage of fault. On paper, that seems straightforward. In the real world, fault allocation is shaped by evidence quality, expert analysis, and credibility.
Rear‑end collisions are often blamed on the trailing driver, but not always. Sudden lane changes without signaling, brake light failures, or a vehicle reversing at a stoplight complicate the picture. Intersection crashes at Bandera and 410 bring right‑of‑way issues, line‑of‑sight obstructions, and signal timing data into play. Nighttime collisions on access roads raise questions about headlight use and speed. And then there is San Antonio’s steady growth in rideshare and delivery traffic, where driver fatigue, app‑driven distraction, and employer policies can factor into liability.
A capable San Antonio Personal Injury Lawyer does not rely on the police report alone. They pull 911 audio, request traffic signal timing logs, obtain dashcam footage when available, and cross‑check damage patterns with the narrative. Accident reconstructionists are not necessary in every case, but when the story does not match the physics, you want one in your corner. Small details, like yaw marks length or airbag module data that captures pre‑impact speed and brake application, can swing fault percentages.
The damages that matter, beyond the obvious
Most people think of property damage and medical bills. That is the start, not the finish. Texas allows recovery for economic and non‑economic losses. The categories are familiar, yet the way they are documented determines value.
Medical expenses include the ER bill, imaging, specialist visits, physical therapy, prescriptions, and sometimes home health or durable medical equipment. If you have health insurance, it pays first in many cases, then asserts a lien or reimbursement claim. The number that drives settlement is not the sticker price on the hospital bill, but the paid or payable amount after contractual adjustments. A San Antonio car accident lawyer tracks this from day one because liens surprise clients when they are not forecasted. Medicare, Medicaid, Tricare, and private ERISA plans all play by different rules.
Lost wages are not just days missed. They include sick time or PTO you had to use, lost overtime, missed commissions, and lower productivity if you return before you are fully healed. For self‑employed people — think contractors, rideshare drivers, and small business owners — documenting loss requires tax returns, prior invoices, and sometimes accountant letters to show trendline disruption. In high‑impact injuries, we assess loss of earning capacity, which looks at the long‑term effect on your ability to work in your chosen field.
Pain, suffering, and mental anguish are not abstractions. Jurors listen for specifics. Can you no longer pick up your toddler without wincing? Did headaches force you to stop evening classes at UTSA? Do you avoid Highway 281 at rush hour because panic spikes when brake lights cascade? A diary or treatment notes that capture these changes strengthen claims that otherwise sound generic.
Property damage covers more than the repair estimate. If the car is totaled, Texas uses actual cash value, which is the fair market value before the crash, not replacement cost. Diminished value claims may apply when a repaired car is worth less on resale because of its accident history. For those who rely on a truck for work, loss‑of‑use damages and rental reimbursement must be pursued aggressively, especially when parts delays stretch weeks.
In certain cases, we look at punitive damages, although Texas sets a high bar. Drunk driving, street racing on Loop 1604, or a commercial driver with a known pattern of logbook violations can open the door. These claims require thorough investigation and are not automatic.
The timeline you can expect, and where cases stall
San Antonio injury cases move at the speed of medical treatment. Settling before you understand your prognosis can shortchange you. A typical path looks like this: emergency care within hours, follow‑up with a primary care physician or orthopedist within a week, conservative treatment like physical therapy for four to twelve weeks, then imaging or injections if pain persists. Some clients reach maximum medical improvement in three months. Others need surgery at six or nine months. Settlement should follow the medicine, not the other way around.
Insurance carriers rarely negotiate seriously until they receive a comprehensive demand package. A strong demand includes medical records and bills, proof of lost earnings, photographs, a liability analysis, and often a narrative tying the medical findings to the mechanism of injury. Skimpy demands invite lowball offers. Quality takes time, but it pays dividends.
Cases stall for predictable reasons: waiting on specialist records, lien resolution delays, disputed liability, or an insurer insisting your pain is “degenerative” rather than caused by the crash. When an impasse forms, filing suit resets the dynamic. In Bexar County, from filing to trial can take a year to eighteen months, though most cases settle before a jury is seated. The discovery process — depositions, written questions, expert reports — is where the other side learns you are serious.
Dealing with insurance adjusters without losing leverage
Adjusters come in flavors: friendly, skeptical, or invisible. All track claim costs. They record every statement, compare your medical timeline to industry norms, and flag gaps in treatment. You can protect your claim without becoming adversarial.
Be factual, not speculative. If you do not know the speed, say so. If you felt pain later that day, say that. Avoid minimizing to be polite. Texans often say “I’m fine” by reflex. In a claim file, that sentence becomes Exhibit A when arguing your injury was minor.
Social media can be a landmine. Defense lawyers pull public posts and photos, even innocent ones. A single picture smiling at a backyard barbecue becomes ammunition to argue you were not hurting, regardless of context. The safest approach is to keep your accident and medical recovery off social platforms until your case is resolved.
When property damage seems straightforward, some clients settle the car portion directly and hire a San Antonio accident lawyer only for the injury claim. That can work, but there are traps. Signing a global release that accidentally includes bodily injury shuts your case forever. Read every release, or better, let counsel read it.
Why local knowledge matters in San Antonio
Practicing injury law in San Antonio is not just about Texas statutes. It is about knowing which imaging centers deliver records within a week versus a month, which orthopedic practices work with letters of protection, and how Bexar County judges prefer to manage their dockets. It is knowing that cameras at certain intersections along Military Drive are city‑maintained and require requests through specific channels, and that construction on a given corridor may bring a contractor or government entity into the case.
Local juries matter too. In our courthouse, jurors take responsibility seriously, but they expect claimants to take recovery seriously as well. Gaps in treatment or missed appointments without explanation hurt credibility. Clear, consistent effort to get better earns respect, and it shows in verdicts and settlements.
Commercial vehicles, rideshare crashes, and other special situations
When a crash involves a company truck, delivery van, or 18‑wheeler, the rules expand. Federal regulations govern driver hours, maintenance, and recordkeeping. Electronic logging devices capture data that can show fatigue or violations. Companies often deploy rapid response teams to the scene within hours. If you are up against a commercial carrier, evidence preservation becomes urgent.
Rideshare cases add layers. Uber and Lyft provide contingent coverage that changes based San Antonio Injury Lawyer on app status: offline, app on with no passenger, or en route with a rider. The at‑fault analysis is the same, but identifying the right insurer and policy tier is critical. Short‑term delivery services operate on similar toggles.
Government vehicles or roadway defects introduce notice requirements and immunity issues. Claims against city or state entities require strict compliance with notice deadlines, sometimes as short as six months. These cases are viable, but the path is narrower.
Uninsured or underinsured motorist coverage — UM/UIM — is the safety net too many drivers in San Antonio decline to save a few dollars. If the other driver lacks adequate coverage, UM/UIM steps into their shoes. Your own insurer becomes your adversary for this part of the claim. You must still prove fault and damages, and sometimes you must arbitrate. A San Antonio car accident lawyer navigates this without souring your broader relationship with your carrier.
Medical care without upfront cash, and how liens work
People often ask how to get care if they lack health insurance or cannot afford deductibles. Several routes exist, each with trade‑offs.
Some providers accept letters of protection, agreeing to treat now and be paid from the settlement later. This solves the immediate problem but increases the lien burden at the end. Negotiating those liens is part of the job, and the earlier your lawyer engages with providers, the more flexible they tend to be.
If you have health insurance, use it. It reduces immediate out‑of‑pocket costs and often results in lower lien reimbursement later. Insurers may assert subrogation rights, but Texas law requires they reduce their claim proportionally to account for your attorney’s fees and costs in certain circumstances, which is a practical advantage.
For catastrophic injuries, San Antonio’s Level I trauma centers have social workers who can connect you with support programs. When surgeries are needed, surgeons sometimes schedule through hospital charity pathways depending on income and eligibility. A good San Antonio Personal Injury Lawyer knows how to align these pieces so your medical plan supports your legal plan.
The settlement number is not just a number
Two similar crashes can settle for very different amounts. The difference lies in the quality of proof and the story it tells. A list of diagnoses has less persuasive power than a cohesive narrative tying the mechanism of injury to specific impairments, backed by imaging and physician notes. Photographs that show bruising patterns consistent with seatbelt loading, or vehicle damage that matches a lateral force vector, can silence an adjuster’s “low‑speed impact” argument.
Timing matters too. Settling the week after you finish therapy prevents the insurer from arguing your recovery was still uncertain. On the other hand, waiting too long without new treatment activity gives them room to claim you are fine and just holding out for money. The sweet spot is when you reach maximum medical improvement, your providers can state any future care needs with reasonable certainty, and your documentation is complete.
If you must file suit, the settlement value often increases after depositions. Adjusters recalibrate when they see how a witness, especially you, plays in a room. Calm, credible testimony raises value. Conversely, evasive or angry answers hurt. Preparation is not about scripting. It is about understanding the questions you will face and practicing honest, direct responses.
Fees, costs, and what a contingency agreement really means
Most injury lawyers in San Antonio work on a contingency fee: you pay nothing upfront, and the lawyer takes a percentage of the recovery. The percentage often ranges from one‑third to forty percent depending on whether the case settles before suit or after significant litigation. Case costs — filing fees, records, experts, depositions — are separate. Clarify whether costs are advanced by the firm and reimbursed from the settlement, and what happens if the case loses. Reputable firms put this in writing and walk you through sample closing statements so there are no surprises.
Cheaper is not always better. An attorney who invests in thorough medical summaries, hires the right experts when appropriate, and refuses to accept premature offers often nets a higher bottom line even with a higher fee. Ask how many cases they carry per attorney. Bandwidth affects outcomes.
Choosing the right San Antonio accident lawyer for your case
Experience counts, but fit matters too. You want someone who will return calls, explain strategy, and be candid about risks. Look for a track record with your type of injury or accident. Ask about trial experience, not because you want to go to trial, but because insurers treat trial‑ready lawyers differently.
Here is a short checklist to keep your search focused:
- Ask how the firm handles medical liens and whether they negotiate them after settlement. Request a timeline for the first 60 days: records requests, demand preparation, and expected contact frequency. Find out who will work your file day to day, and meet that person. Discuss settlement authority thresholds and how you will make joint decisions. Probe their plan if liability is disputed: which evidence they will chase, and when they would bring in experts.
Those answers reveal how a lawyer thinks about your case and your stress level. The right match reduces both.
Common pitfalls that erode valid claims
We see the same avoidable mistakes over and over. Gaps in treatment are the worst. If you miss therapy because of work, tell your provider and reschedule. A two‑week gap reads like a recovery, even if you were hurting at home. Inconsistent descriptions of pain from one appointment to the next also hurt. Be accurate, and if symptoms change, say so.
Recording a statement for the other insurer before you understand your injuries rarely helps. Signing blanket medical authorizations is another trap. Adjusters sometimes fish through years of records to claim your neck pain is old. Provide relevant records, not your entire medical history.
Do not assume the first offer reflects the carrier’s best number. In many San Antonio cases, we see meaningful movement after a detailed counter with specific citations to medical records and liability proof. Patience is not delay. It is a tactic.
When trial becomes the rational choice
Most cases settle because it is efficient and reduces risk. Trial becomes rational when the insurer undervalues clear injuries or refuses to move because of a disputed liability narrative that you can beat in court. In Bexar County, juries listen closely, and they have little patience for gamesmanship. If your treating surgeon is willing to testify convincingly about causation and future care, and your credibility is strong, trial risk can be worth taking.
The process is demanding. Expect voir dire, where jurors are questioned, followed by a day or two of testimony in a straightforward case, or a week or more if experts testify. Preparation takes hours. The upside is finality, and sometimes a verdict higher than any pretrial offer. A seasoned San Antonio car accident lawyer will weigh costs, risks, and your tolerance for uncertainty before recommending this path.
A realistic picture of what recovery looks like
A good outcome is not just a number on a check. It is the ability to pay for medical care without debt, to replace lost income, and to restore a sense of normalcy. For some, that means upgraded therapy and a few months’ cushion. For others facing permanent change, it means funding future procedures, adapting a home or vehicle, or retraining for new work.
Recovery takes coordination. The legal team should work alongside your medical providers, your employer when appropriate, and your family. Clear communication reduces surprises. You should know when to expect updates, when your demand will go out, what offers have come in, and what each next step means.
Contact Us
Thompson Law
9901W I-10 Suite #1040, San Antonio, TX 78230
Phone: (210) 880-6020