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Car Accidents

San Marcos Car Accident Attorneys

Aggressively Fighting for Car Accident Victims in Hays County

Being involved in a car accident can be an incredibly traumatic experience, and it can also have far-reaching consequences that change your life in both expected and unexpected ways. From the physical injuries you suffer to the financial repercussions resulting from medical bills and lost wages due to time away from work, car accidents often result in considerable difficulties for people who are injured or whose property is damaged. These issues can quickly become overwhelming as you struggle to recover from your injuries while still trying to manage everyday tasks. Fortunately, when an auto accident is caused by the actions of a negligent driver, you have legal options for recovering compensation.

If you recently suffered injuries in a crash, The Law Offices of David C. Hardaway is ready to listen to your story and walk you through your rights and legal options. Our San Marcos car accident lawyers are committed to getting you justice, which is why we will go after the responsible party hard and do everything in our power to hold them accountable and recover the damages you deserve. Our goal is to provide you with accessible, results-oriented personal injury representation built on trust, honesty, and communication. You can expect tailored, compassionate guidance every step of the way, and, because we will always be available to answer your questions and provide case updates.

Contact us online or call (512) 846-9966 to schedule a free initial consultation. Our firm handles car accident cases in many areas throughout the region, including but not limited to San Antonio, Seguin, Wilson, Medina, Guadalupe, Gonzales, Comal, Caldwell, Blanco, Bexar, and Bastrop Counties. Se habla español.

How Do I Know If I Have a Car Accident Lawsuit in Texas?

It does not take long for people to start pointing fingers after a car crash. Before the dust has even had a chance to settle, there is a good chance there will be disagreements over what caused the collision and who is to blame, even if the negligence of a particular driver is readily apparent.

A driver acts negligently under the law if they do something or fails to do something that another driver would not reasonably do in the same or similar circumstances. In practice, this means that a driver is negligent when their reckless behavior or failure to follow traffic laws leads to a crash.

You may have a personal injury case if you suffered injuries in a car accident caused by another driver’s:

  • Excessive speeding
  • Failure to obey traffic lights or signs
  • Failure to signal before changing lanes or turning
  • Failure to yield the right of way
  • Distracted driving
  • Intoxicated driving
  • Tailgating
  • Reckless maneuvers

You may be wondering if you still have a case if you know you are at least partially to blame for an accident. Fortunately, Texas follows modified comparative negligence rules. This means that you can still sue for partial damages if you share some fault but are not primarily responsible for the collision. If you are found to be more than 50% at fault, you will be unable to recover damages. Otherwise, you can still recover damages minus your percentage of fault. For example, in a case where you were found to be 20% to blame for an auto accident and your damages totaled $50,000, you would ultimately receive $40,000.

Still not sure if you have a case? Our San Marcos car accident attorneys can review your circumstances and advise you of your legal options. We are always direct when discussing the strength of a case and will be transparent about how we can and cannot help.

What Should I Do after a Car Accident in Texas?

The scene of a car crash can be chaotic. You may be in immense pain and require emergency medical attention, in which case you should not hesitate to call 9-1-1 and take an ambulance to the nearest hospital. If you are able to remain at the scene, there are several steps you should take to protect your ability to recover compensation.

After a car accident, make every effort to:

  • Confirm no one needs emergency medical attention. Once you have self-evaluated, check the status of your passengers, the other driver, their passengers, and anyone else involved in the wreck. 
  • Call the police. Even if no one needs to go to the hospital, you should still call 9-1-1, explain you were in an accident, and request the police. If anyone was injured or property damage exceeds $1,000 in value, you are legally required to summon law enforcement following a crash. Wait until they arrive and then explain what happened in objective terms.
  • Stay quiet. Beyond confirming that others involved in the accident do not need emergency medical attention and your statement to the police, do not engage in unnecessary conversation with the other driver or their passengers. Anything you say, even something seemingly harmless, could be distorted and eventually used against you.
  • Gather evidence. Take photos and videos of the accident scene, including any visible injuries you sustained and damage to your vehicle. Look out for and document anything that may have contributed to the accident or other notable elements like skid marks. You should also make note of any security or traffic cameras that may have captured the accident.
  • Collect contact information. You will need the name, phone number, address, license information, and insurance details of the other driver. You should also try to get the contact information of any witnesses.
  • See a doctor. Even if you feel okay and did not initially go to the hospital, seeing a medical professional soon after a car accident is extremely important. A doctor may be able to detect injuries that you may have missed or underestimated, and a prompt visit will help link these injuries to the crash.
  • Call our San Marcos car accident lawyers. Do not talk to the other driver or any of their representatives, including their insurance company, without first consulting an attorney. The Law Offices of David C. Hardaway can help you understand your rights and handle communications on your behalf. 

How Long Do I Have to File a Car Accident Claim in Texas?

In Texas, you have two years from the date of your car accident to file a claim for damages. This is known as the statute of limitations, and it means that if you fail to take legal action within this timeframe, you will likely lose your right to pursue compensation. However, there are some exceptions that can affect the deadline for filing a claim, which is why you should reach out to our firm as soon as you can after an accident.

What Damages Can I Recover in a Texas Car Accident Lawsuit?

In a Texas car accident lawsuit, you may be able to recover damages for both economic and non-economic losses. Economic damages are intended to cover the monetary costs associated with the accident, such as medical expenses, lost wages due to time away from work, property damage, and other out-of-pocket costs. Non-economic damages, on the other hand, are designed to compensate for intangible losses like emotional distress or pain and suffering.

Our San Marcos car accident attorneys will work aggressively to secure full compensation for all damages, including:

  • Past, current, and future medical bills
  • Lost wages
  • Reduced earning capacity
  • Property damage
  • Loss of consortium
  • Loss of enjoyment of life
  • Mental pain
  • Emotional anguish
  • Pain and suffering

Call (512) 846-9966 or contact us online to discuss your case with a legal professional today. We take car accident cases on a contingency fee basis, so you pay nothing unless we help you recover compensation.