San Antonio Car Accident Lawyer

Michael Grossman Explains What you Need to Know About Car Accident Law and Why You need a Lawyer

Car accidents – both major and minor wrecks – frequently occur on the roads and highways around San Antonio. If you have been injured in a car wreck, then you need to know what legal rights you have to pursue and secure compensation for the harm that has been done to you.

Do you have a legal question?
Enter your phone number below and let's talk.
--

The unique details of every automotive accident make every car accident different, so you need an experienced San Antonio car accident lawyer to protect your right to compensation. San Antonio car accident lawyer Michael Grossman and his associates at Grossman Law Offices want to explain the legal principles involved with car accident cases, so that you can make the best decisions for your family.


The Basics of San Antonio Car Accident Law

The requirements of a successful car accident case are clearly outlined by the applicable laws. While somebody else may have caused your injuries in an automotive accident, the law holds that the responsible party owes you nothing unless you can prove they do. The burden of proof falls squarely on the shoulders of the victim, also known as the plaintiff. Unless you can come up with evidence to back your claim, you will likely be left empty-handed, paying for your own injuries. In order to prove your car accident injury claim, you must be able to establish that the defendant behaved in such a manner that a reasonable person would not, harm was suffered by you, and this harm was caused by the defendant’s unreasonable behavior.

  • Unreasonableness – The first thing a successful plaintiff needs to be able to prove is that the other motorist behaved in such a manner that was reasonable person would not. No matter what the interaction, all people are required to act in a reasonable manner to ensure the safety of others. In terms of driving a car, this means all motorists must operate their cars in a reasonable way to not injure any of the other drivers, passengers or pedestrians on the road. In terms of car accidents, laws have been established to determine what is reasonable. Speeding, ignoring traffic signs, or driving without headlights at night are all against the law and may be considered beyond the scope of reasonable behavior.
  • Proving You Suffered Harm – Once you’ve proven the defendant acted unreasonably, the plaintiff must show not only that harm was suffered in the car accident, but also the monetary value of that harm. You may think the financial value of your injuries is obvious, but you will need proof to convince either a jury or an insurance company of your right to compensation. Certain hard to prove medical conditions like whiplash, soft-tissue damage or back injuries can make the establishment of the value of damages challenging and requiring of the deft touch of a trial-tested San Antonio car accident lawyer. At Grossman Law Offices, know how to gather and present the necessary evidence to sway a jury in your favor or convince an insurance company of your right to compensation.
  • Proving Your Injuries Were Caused by the Defendant – Successful car accident claims also require the plaintiff to prove that his or her injuries were caused by the actions or inaction of the other driver. Evidence such as surveillance camera footage, photographs, witness statements, police reports and measurements from skid marks to points of impact can all be used to prove your causation. As soon as we’re hired, the experienced San Antonio car accident lawyers at Grossman Law Offices will conduct a thorough investigation, finding and preserving the necessary evidence our clients need to prove their cases and secure the compensation they deserve for their injuries.

Knowing the Defendant you Will Face

In a San Antonio car accident case, you may be taking on another driver, a pedestrian, an insurance company or a wide variety of other parties who may have caused the accident. You may not have considered the possibility that a third party, like the manufacturer of a defective car part, could have caused your accident. A skilled and seasoned San Antonio car accident lawyer knows how to flesh out all of the liable parties for a wreck, so they can be held responsible for their negligent actions.

Critically, you must know the legal differences between insured and uninsured defendants – whether you decide to hire an attorney or not. The laws of San Antonio and all of the Lone Star State require every motorist to carry insurance. Unfortunately, many drivers attempt to save money by ignoring this law, and they continue to drive without any insurance. If you’ve been injured by a driver with insurance, then you will likely be negotiating a settlement with an insurance adjusters from the company that provided insurance to the negligent driver. However, that doesn’t necessarily mean that the adjuster will hand over adequate compensation just because you say you deserve it. Insurance companies are in the business to make money, not help people. In all likelihood, the insurance adjuster will offer you the lowest amount possible to save as much of its company’s assets as possible. If you suffer an injury in an accident with an uninsured driver, on the contrary, your chances of acquiring the compensation you deserve diminish. If the other driver couldn’t afford insurance, then he or she likely doesn’t have the money to pay for your injuries either.

Do you have a legal question?
Enter your phone number below and let's talk.
--

How do you Know if you Need an Attorney?

Often times, you don’t require an attorney to resolve a wreck with another car, depending upon the facts of the particular case. If property damage was the sole loss you sustained in a car accident, then in all likelihood, you don’t need a lawyer. However, if you’ve been injured in car accident as a result of someone else’s negligence, then you need to find a lawyer with whom you are comfortable immediately.

Insurance companies are legally bound to follow strict pay scales for reimbursing car accident victims for their damaged property – in most cases the wrecked car. Thus, you can generally deal with such an insurance claim yourself, since there is very little leeway for you to be cheated or offered an inadequate settlement.

If the only harm you’ve incurred in a car wreck is property damage, then you need to begin by exchanging insurance and contact information with the other motorist. Then, have your wrecked automobile taken to a mechanic, who will fix the car and then bill your insurance company. Your insurer will then recover compensation for the cost of the repairs from the negligent driver’s insurer. So long as repairs are less than $5,000, your insurance company will handle the situation; even if, the other company disputes the insurance claim. However, if the car is totaled or repairs exceed $5,000, then you need to find an attorney as soon as you can.

If you’ve suffered any physical harm at all, then the situation quickly changes. We recommend you consult with a San Antonio car accident lawyer as soon as you can if you’ve been injured in an automotive wreck in or around San Antonio. In contrast to wrecks that solely involve property damage, insurance companies have plenty of wiggle room to dispute the monetary value of physical injuries, so they have a much greater ability to offer an inadequate settlement. Moreover, many physical injuries such as those involving long-term complications or ambiguous pain are challenging to prove in court. Often times, an experienced and skilled San Antonio car accident lawyer can mean the difference between an equitable settlement and a disappointed and empty-handed plaintiff.

Particularly aggressive insurance adjuster may even bully injured accident victims into accepting settlements before they’ve had a chance to consult with an attorney and before the full extent of their injuries are known. Such settlement offers are seldom fair and almost never come close to proving adequate compensation. Out attorneys want to warn you about the underhanded tactics employed by insurance companies to get plaintiffs to accept less money than they deserve for an accident injury, including:

  • Repeatedly calling you and hounding you with a litany of questions to trick you into Denying you the right to a rental car while your car is being repaired, as guaranteed in your policy.
  • Refusing to pay your bills when you submit them after telling you that they would.
  • Making a low-ball settlement offer and then claiming that this offer is as good as you will be able to get.

There are other situations in which you should contact a San Antonio car accident lawyer besides when you’ve suffered physical harm or harassment from the insurance company. These instances include:

  • The other motorist refuses to cooperate. You may need the expertise of an attorney if the other driver gives you a hard time after the wreck. If the other driver refuses to provide his contact or insurance information or tries to talk you out of calling the police, then you may have a tough time recovering compensation without a skilled lawyer.
  • You don’t have insurance, can’t afford to see a doctor after your accident, or can’t pay your medical bills. If you’ve been injured in a car accident, it’s critical to your case that you see a doctor as quickly as you can – not just to receive treatment for your injuries but also to document those injuries. However, our attorneys have encountered many instances in which injured plaintiffs face obstacles in finding medical attention. If accident victims lack health insurance, they usually lack the funds to pay for a doctor, as well. Even when the victims of wrecks have insurance, they may be concerned that their coverage will not cover the expense of medical treatment or that such treatment will jack up their premiums. In other cases, accident victims don’t want to miss work and lose wages to see a doctor. At Grossman Law Offices, our San Antonio car accident lawyers know about all of these concerns. If you’ve been stuck with medical bills you don’t know how to pay or if you don’t think you can afford the medical treatment you need, then our firm may be able to assist you. In some cases, we can find pro bono medical assistance, and in others we have relationships with medical professionals who will establish an affordable payment plan. Also, we can usually recover any lost wages for work missed while seeking medical attention from the defendant in the case. If any of these situations applies to you, then call 1-855-393-0000 for a toll free consultation to find out how we can assist you.
  • Something is fishy about the way the insurance company is handling your claim. If you get a squirrelly feeling deep in your gut due to the way the insurance company is handling your case, then you’re probably right – listen to your instincts. Remember, the insurance company is interested in making money and not helping you, so it’s actions are intended to pay you as little as possible. An experienced and trial-tested San Antonio car accident lawyer can protect you from the underhanded and even unethical actions of insurance companies.
Do you have a legal question?
Enter your phone number below and let's talk.
--

Selecting the Right San Antonio Car Accident Lawyer for you

Do a Google search, and you will quickly discover that there are hundreds of San Antonio attorneys who could represent you, but you need to trust your case to the right lawyer. You need to find a San Antonio car accident lawyer who not only has experience handling cases like yours but who is also trustworthy. Our firm suggests you discuss your case with at least three attorneys before hiring one. Discuss their experience handling car accident cases, their record of success with such cases. Ask them what strengths they are proud of and what weaknesses they’d like to improve and then ask to contact former clients with similar cases to assess their opinion of the lawyer.

At Grossman Law Offices, our San Antonio car accident lawyers have spent the past 20 years litigating car accident cases, and we’ve won lawsuits and negotiated settlements from every major insurance company in the country. Our lawyers are casually familiar with the legal formalities that may confuse you. We know how accurately estimate damages and inform the insurance company of these damages with a demand letter prior to your medical bills coming due. From the moment we’re hired, we handle every facet of our clients cases, keeping our clients abreast of any changes in their case as they occur. We provide the following services:

  • Making sure our clients receive medical attention for their injuries; even if, those clients can’t afford to see a doctor
  • Buffering our clients from all calls from insurance company, making sure that that they don’t admit their own liability
  • Submitting all medical bills to the insurance company
  • Thoroughly investigating the scene of the accident to collect any necessary evidence like videos, photographs, eyewitness accounts or police reports
  • Finding and holding all negligent parties accountable for our clients’ injuries
  • Aggressively negotiating a settlement with the insurance company to secure the maximum amount available
  • Mediating the case or going to court if mediation fails

We know the tremendous strain – both physical and emotional – that can result from injuries suffered in a car accident. Grossman Law Offices is dedicated to handling all aspects of our clients cases, so they can concentrate on getting better and returning to normalcy. To find out how our San Antonio car accident lawyers can help you, call us at 1-855-393-0000 (toll free). We’re available any time to answer your call, explain any legal concept you don’t understand and discuss the unique details of your case.



Some of Our Most Recent Successful Cases

$337,500.00 Recovery - Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries)
Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it's numerous TABC violations, the defendant's liquor license was revoked soon after the case was resolved.
Total Recovery:
$337,500.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$3,750.00
$50,000.00 Recovery - Automobile Accident (Whiplash)
Recovery for client who sustained whiplash after being rear-ended in a car accident.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$5,334.00
$1,150,000.00 Recovery - Automobile Accident (Brain Injury)
(policy limits) Recovery for a child who suffered an in utero brain injury as a result of a rollover car accident.
Total Recovery:
$1,150,000.00
Attorney Fees:
$379,500.00
Litigation Expenses:
$20,000.00
$80,000.00 Recovery - Automobile Accident (Closed-Head Injury)
Recovered for client who suffered a closed-head injury in a car accident.
Total Recovery:
$80,000.00
Attorney Fees:
$26,666.00
Litigation Expenses:
$200.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.

Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$70,000.00 Recovery - Automobile Accident (Soft-Tissue Neck & Back Injury)
(policy limits) Recovered for client who suffered soft-tissue back and neck injuries in a motor-vehicle accident.
Total Recovery:
$70,000.00
Attorney Fees:
$23,333.00
Litigation Expenses:
$656.00
$70,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries to Neck, Back, and Knee)
Recovered for car accident victim who suffered soft-tissue injuries to knee, neck, and back.
Total Recovery:
$70,000.00
Attorney Fees:
$23,100.00
Litigation Expenses:
$600.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
Attorney Fees:
$13,333.00
Litigation Expenses:
$50.00
$48,800.00 Recovery - Automobile Accident (Knee and Back Injury)
(policy limits + secondary claim) Recovery for victim who suffered knee and back injury due to a car accident.
Total Recovery:
$48,800.00
Attorney Fees:
$15,000.00
Litigation Expenses:
$1,188.00