Car Accidents

San Antonio Car Accident Attorney

Helping Texas Car Accident Victims Recover After a Crash

At Bergmann Law Firm, PLLC, I understand how overwhelming and life-changing a car accident can be. If you’ve been involved in a car accident in San Antonio or anywhere in Texas, I am here to help. As an experienced San Antonio car accident lawyer, my focus is on making sure you recover the full compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Why Choose Bergmann Law Firm, PLLC?

With years of experience handling Texas car accident claims, my firm offers compassionate and thorough legal representation for victims of car crashes and auto accidents. I’ll work diligently to protect your rights and ensure you have a strong case for fair compensation.

Types of Car Accident Cases Bergmann Law Firm, PLLC Handles

Car accidents can happen in many ways. I handle all types of car accident cases, including the following:

  • Rear-end collisions
  • Side-impact accidents
  • Head-on crashes
  • Drunk driving accidents
  • Hit-and-run accidents
  • Distracted driving incidents

Common Car Accident Injuries

Some of the common car accident injuries I help clients recover compensation for include the following:

  • Spinal cord injuries
  • Traumatic brain injuries (TBI)
  • Broken bones
  • Joint injuries
  • Severe burns
  • Whiplash
  • Internal injuries
  • Emotional distress

The Car Accident Claims Process in Texas

The process of filing a car accident claim can get complicated, but I will guide you through each step. From collecting evidence to filing your car accident lawsuit, I’ll ensure your claim will be managed efficiently. Texas car accident claims require thorough documentation, and I can help you by gathering all relevant medical records and accident reports.

What is Comparative Negligence?

Under the Texas Civil Practice and Remedies Code, comparative negligence assigns a percentage of fault to each party in an accident. For example, if you were involved in a car accident and the evidence shows that you were 25% responsible for the collision (perhaps you were speeding slightly or didn’t yield the right of way), your compensation will be reduced by 25%. So, if your claim was worth $100,000, your compensation would be reduced by $25,000, leaving you with $75,000. 

Insurance companies will seek to minimize your claim by attempting to assign fault to you. I will protect your interests and fight against any unfair presumption of fault by making a clear case on your behalf.

What is the 51 Percent Bar Rule?

In Texas, if you are found to be 51 percent or more at fault, you will be barred from recovering compensation. This underscores the importance of ensuring your car accident lawyer defends your interests thoroughly and works to minimize the impact of fault assigned to you by other parties.

Common Examples of Comparative Negligence in Car Accidents

  • Speeding: If you were speeding at the time of the accident but other driver ran a red light, causing the crash, you might be found partially at fault. The percentage of fault will depend on the evidence presented and the extent your speeding contributed to the accident.
  • Not wearing a seatbelt: If you weren’t wearing a seatbelt during the accident, an insurance company might argue your injuries were more severe as a result of your failure to wear it. This argument could affect how much compensation you receive.
  • Disobeying traffic laws: If you were making an illegal turn or failing to yield, the other driver might argue your actions contributed to the crash. Remember, the other party’s fault and the severity of your injuries will still be taken into account when determining damages.

Types of Compensation Available for Car Accident Victims

If you’ve been injured in a car accident, you may be entitled to three types of damages, including the following: 

Economic Damages

  • Medical expenses: Compensation for the costs of treating your injuries, including hospital stays, surgeries, prescription medications, and ongoing medical care.
  • Lost wages: If your injuries prevent you from working, you can recover compensation for the income you’ve lost during your recovery period.
  • Property damage: If your vehicle or personal property was damaged in the accident, you can seek compensation for repair or replacement costs.
  • Future medical costs: For severe or long-term injuries, you may be entitled to compensation for future medical treatments, such as rehabilitation or surgeries.

Non-Economic Damages

  • Pain and suffering: This compensates you for the physical pain and emotional distress caused by your injuries.
  • Loss of enjoyment of life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you can seek compensation for this loss.
  • Emotional distress: If the accident has caused you significant emotional anguish, including anxiety, depression, or ongoing stress, you may be entitled to compensation for these psychological effects.

Punitive Damages

In cases of extreme negligence or recklessness, such as drunk driving or road rage incidents, punitive damages may be awarded. These are meant to punish the at-fault party and deter future dangerous behavior.

I will help you determine which types of compensation apply to your case and work to ensure you receive the full amount you’re entitled to. Many clients are unaware of the full scope of potential damages available to them; I help make sure you don’t settle for less than you deserve.

San Antonio Rideshare Accident Lawyer: Special Considerations

If you’re injured in a rideshare accident in San Antonio—whether as a passenger, driver, or another motorist—determining liability can be complex. Uber, Lyft, and other services provide insurance coverage, but it varies based on the driver’s status at the time of the crash. If the driver was logged into the app but had no passenger, coverage is limited; if they were actively transporting a rider, the rideshare company’s full commercial policy applies. Large insurance providers often try to dispute claims or claim the accident was caused by another party—including you. I will help you navigate the rideshare accident claims process, ensuring you receive the compensation you deserve.

Catastrophic Injuries and How They Impact Your Claim

Catastrophic injuries are life-altering events that require extensive medical treatment, rehabilitation, and ongoing care. If you’ve suffered a spinal cord injury, traumatic brain injury (TBI), or now have a permanent disability as a result of your crash, your recovery needs will be far more complex and long-term. I will work with medical professionals and experts to ensure that your car accident claim accurately reflects and covers both your immediate and future needs.

The True Cost of Catastrophic Injuries

Catastrophic injury costs—both tangible and intangible—add up quickly. It is essential you receive fair compensation for all of them. Unfortunately, many victims of catastrophic injuries are offered low settlements by insurance companies eager to close the case quickly. These early settlements often fail to account for the long-term consequences and costs associated with catastrophic injuries, leaving victims with insufficient funds to cover ongoing medical needs. Catastrophic injuries typically require:

  • Ongoing medical care: This can include surgery, physical therapy, specialized treatments, and possibly lifelong care. For example, spinal cord injuries may require regular medical appointments, surgeries, and the use of assistive devices such as wheelchairs or ventilators.
  • Rehabilitation and therapy: After initial treatment, most catastrophic injuries will require extended rehabilitation. Whether it’s for a traumatic brain injury or learning to walk again, therapy and rehabilitation costs can quickly accumulate and continue for years, sometimes even for the lifetime of the injured party.
  • Home modifications and accessibility: In some cases, people who suffer catastrophic injuries may need to modify their home to accommodate their new needs. This could include installing wheelchair ramps, widening doorways, and making other changes to improve mobility and access.
  • Mental wellness: The emotional toll of living with a catastrophic injury can also be significant. Many individuals face depression, anxiety, and lingering stress, requiring counseling to help them cope with the drastic change in their way of life.
  • Loss of earning capacity: If you are no longer able to work due to the extent of your injury, your lost wages and diminished earning capacity must be considered in your claim. For individuals with traumatic brain injuries or spinal cord injuries, this can mean a permanent loss of their ability to pursue their career.

Why You Shouldn’t Deal with the Insurance Company Alone

It’s essential to speak with an experienced San Antonio car accident lawyer like me before communicating with the insurance company. Insurance companies may try to get you to accept a quick settlement or make a recorded statement that harms your case. Even the words “I’m doing fine, thank you” can be used against you. I will protect your rights and prevent any missteps that could impact on your compensation.

How Social Media Can Affect Your Car Accident Claim

Social media can impact your personal injury claim. Insurance companies, defense attorneys, and other involved parties may use your social media posts to challenge your credibility or minimize the extent of your injuries. Even seemingly harmless updates, photos, or comments can be misinterpreted or used against you. It’s crucial to avoid posting anything related to your accident, injuries, or recovery while your case is ongoing. If you have questions on what you can and cannot post, I will be available to guide you through the steps of protecting your social media presence while preventing any potential damage to your claim.

Contact Bergmann Law Firm, PLLC Today for a Free Consultation

If you’ve been injured in a car accident in San Antonio, don’t hesitate to reach out for a free initial consultation. I’m here to provide the legal representation you need to help you get the compensation you deserve. Call me at (210) 759-4336 or contact me online to schedule your consultation today.

Frequently Asked Questions