New Braunfels Car Accident Lawyer: Legal Advocacy You Deserve

Every year, thousands of people are killed on Texas roadways. In fact, in 2021, Texas had more fatal car accidents than any other state. The Texas Department of Transportation (TxDOT) reports that 2021 was the second deadliest year for car accidents in Texas since 1940 when the TxDOT first began tracking fatalities. In 2021, 4,480 people were killed on Texas roadways. Thousands more were injured, some of them so seriously that their lives – and the lives of their loved ones – will never be the same.

We want you to have the highest chance of retaining the highest quality of life after such a tragic and traumatic event. If you or a loved one has been injured in a motor vehicle accident, our experienced accident claim lawyers at Kyle Law Firm are here to advocate for you. We promise to take the time to learn about your case, and we will work with professionals to present the full extent of your injuries and obtain the compensation you deserve. Our attorneys have a proven track record of getting compensation for injured clients, including numerous substantial financial settlements.

Our personal injury lawyers are here to put their experience to good use, offering representation to the people in our community who have been injured in car accidents, trucking accidents, ATV crashes, motorcycle wrecks, and crashes in construction zones. Call 830-202-5865 or contact us online to speak with an attorney for auto accidents and get a free case evaluation. We have offices in New Braunfels and San Marcos, and we serve clients throughout the region.

What to Do After a Car Accident

What you do at the scene of the accident depends on whether you were severely injured and taken away in an ambulance or you were able to stay at the scene and wait for medical treatment. If you can stay at the scene, Texas car crash lawyers say you should do the following:

• Do not flee: No matter how serious it is, and even if you think that the accident was your fault or that your actions contributed to your car accident, you will face both criminal and civil penalties if you leave the scene of the accident. Consult a car accident defense attorney if you’re facing these penalties.
• Call the police: Texas law requires you to call the police if anyone is injured or killed in a car accident or if your vehicle is damaged to the extent that it cannot be “normally or safely driven away.” Be sure to write down the name and badge number of the officer who takes the report. This will help you get a copy of the police report once it has been prepared.
• Exchange important information: This means exchanging driver’s license numbers and insurance information of all drivers involved in the accident. Make sure to record the following from all drivers involved:
  • Name of the insurance company and policy number
  • License plate number
  • Vehicle make and model
• Take notes about what happened: Describe the location of the accident, the time of day, the weather conditions, and anything else that you can think of that seems relevant. If you question its relevance, err on the side of including too much information.
• Get witness statements, if possible: If there are witnesses, get their contact information and write down what they tell you about the accident. Include where they were located at the time so that you will later know what their view was of the accident.
• Do not make any admissions to anyone: Be careful what you say. Even if you think that you may have been partially at fault, you shouldn’t say it at this time. Even a simple statement may later be used against you. For example, you might say, “I didn’t see the car coming.” This may be interpreted against you as evidence that you were not paying attention, even if the reason that you didn’t see the car coming was that it rounded a corner and ran a red light.
• Take photographs if you can: Try and show the position of the cars, any skid marks, the damage to the vehicles, and any road hazards.
• Get medical care: You should get checked out even if you don’t think you were injured. Some soft tissue injuries don’t show up until the next day or even a few days later. A car wreck lawyer can help you obtain compensation for any damages.
• Seek legal representation: You can obtain this from a New Braunfels car wreck attorney such as Kyle Law Firm.

Why Choose a San Marcos Car Accident Lawyer

The aftermath of a car accident can be complex and filled with legal intricacies. With the help of an experienced San Marcos car accident lawyer, you can smoothly navigate this process and avoid missing out on any potential compensation. With an attorney from a reputable firm like Kyle Law Firm, you’re not just getting legal representation; you’re getting a partner who understands the local legal landscape and who will fight for your interests.

Attorneys like Matt Kyle, the founding member of Kyle Law Firm, hold Board Certification in personal injury trial law from the Texas Board of Legal Specialization. This demonstrates a significant level of proficiency in personal injury law, which can be invaluable when handling complex car accident cases. Our attorneys understand the nuances of these cases and are dedicated to securing just compensation for their clients.

Opting for a San Marcos car accident lawyer gives you another advantage. Many work on a contingency fee structure, hence you don’t incur any charges unless your case is won. This can provide a sense of relief for those already burdened with medical bills and other expenses following a car accident. Additionally, many firms, including Kyle Law Firm, offer a free consultation, allowing you to discuss your case without any financial obligation.

Steps to Take Following a Car Accident in San Marcos

Car accidents can leave you disoriented and uncertain about the next steps. Nevertheless, it’s important to follow certain steps to safeguard your rights and bolster any potential personal injury claim or personal injury lawsuit.

The first step is seeking immediate medical attention, especially in cases of potential traumatic brain injuries. Not only is this essential for your health, but it also helps to establish a medical record linking any injuries to the accident, strengthening your claim.

After seeking medical attention, it is vital to accumulate as much evidence as you can related to the accident. This may include photographs of the accident scene, witness statements, and police reports. Make sure to exchange insurance and contact details with the other party involved in the accident.

The final step is to get in touch with a New Braunfels car accident lawyer to protect your rights and interests. A seasoned attorney can lead you through the legal process, make sure that no pivotal steps are missed, and represent you in dealings with insurance companies.

Common Causes of Car Accidents in San Marcos, TX

There are myriad reasons for car accidents in San Marcos, with some causes more common than others. Distracted driving, speeding, and road defects are among the most common culprits. At least 850 distracted driving accidents were reported in Hays County alone in 2018. This indicates a significant impact on road safety in the area.

Some common causes of auto accidents and car accidents, which can potentially lead to a serious accident, include:

• Distracted driving
• Drunk driving
• Reckless driving
• Speeding

Understanding these common causes can not only help in the prevention of accidents but can also inform the legal process should you find yourself needing to pursue a claim.

How Our Experienced Attorneys Handle Your Case

Filing an auto injury claim is anything but a straightforward process. In most circumstances, an auto wreck attorney is crucial to getting the settlement you need to pay for medical expenses. If the death of a loved one is involved, matters become more complicated still.

Your claim might be denied in whole or in part for legitimate reasons, usually related to the coverage limits of your policy. When you receive the denial letter, it’s ideal to cross-reference it against your contract to be sure that it is correctly supported. Should you still feel that your claim has been unfairly denied, you can take it up in court with the counsel and representation of an automobile accident lawyer.

Accidents with more than one car involved are usually more complex. A driver’s license obliges the holder to drive with care and responsibility, an obligation legally called “proper lookout.” If you have been subjected to serious damages and feel that the other driver has been careless, then you may file a lawsuit against them. In that instance, it is of utmost importance to have legal advice and representation from an experienced car crash attorney.

At Kyle Law Firm, our seasoned attorneys follow a well-established process to handle car accident cases, including car accident lawsuits. This process includes:

1. Conducting an exhaustive investigation into the accident’s circumstances
2. Negotiating assertively with insurance companies
3. Litigating, if required, to guarantee our clients receive the compensation they deserve.

Investigation and Evidence Collection

A key part of any car accident case is a thorough investigation and collection of evidence. Our attorneys conduct an in-depth analysis of the events leading up to and surrounding the car accident. By doing so, we can determine the sequence of events and identify the party at fault.

The strength of a car accident case often depends on the quality of the evidence gathered. At Kyle Law Firm, we place significant emphasis on the prompt collection of evidence, recognizing its potential degradation over time. This could involve gathering wreckage, black box computer data, and witness statements. The documentation and evidence gathered from these measures will play a vital role in constructing your accident claim and securing fair compensation.

Negotiation with Insurance Companies

Insurance companies might employ different strategies to minimize or deny car accident claims. They may take advantage of your vulnerability by reaching out quickly, delaying the claims process, or offering a quick but inadequate settlement. This is why it’s critical to have a seasoned attorney by your side. At Kyle Law Firm, we are well-versed in these tactics and know how to counter them effectively.

Our attorneys excel at negotiating with insurance companies. They ensure you receive the deserving compensation by not rushing into accepting settlements, declining initial offers, and keeping comprehensive records of all damages and medical treatments. We understand the operations of an insurance company and use this knowledge to your advantage.

Litigation and Trial

If a fair settlement can’t be reached, we are prepared to take your case to court. The litigation process for car accident cases encompasses many steps, including:

1. Preparation and filing of your claim
2. Engagement in discovery
3. Attempts at settlement negotiations
4. Proceeding to trial
5. Potentially pursuing an appeal

Proving Driver Liability

Under Texas’ proportionate responsibility law, whoever is at fault for the accident is the one who is liable for damages. That also means that if you are partially at fault, the amount of damages that you can collect will be reduced by the amount of fault that can be proportionally assigned to you. For example, if your damages come out to be $100,000 but you were also 30% at fault for the accident, your damages will be reduced by 30%. Instead of collecting $100,000, you will only receive $70,000. If you are 51% at fault for the accident, then you will collect nothing. Texas laws ensure that those involved share responsibility for car accidents.

Proving the liability of the other driver can be complex, especially if you or another passenger in the car you were driving suffered serious injuries. You’ll have to prove that they were sustained during the accident, which can be very difficult if you’re dealing with insurance companies on your own. Personal injury lawyers, however, are accustomed to this kind of process.

Our trial lawyers are zealous advocates for our clients. We carry out comprehensive investigations, amass evidence, interrogate witnesses, and consult with professionals to ascertain liability. If your case goes to trial, they will:

• Present evidence and arguments
• Cross-examine witnesses
• Deliver opening and closing statements
• Advocate for a favorable outcome for you.

Types of Compensation Available in Car Accident Cases

You may have heard the word “damages” thrown around in reference to personal injury cases. “Damages” means the amount of money that you will be able to collect from the driver who was at fault for your car accident. There is no one-size-fits-all damage calculator. Damages are available in three different categories: economic damages, noneconomic damages, and punitive damages. A lawyer for accidents will help you calculate damages, but our attorneys will give you an overview of each category as well.

Economic Damages

These are damages that can be mathematically calculated. They may include:

• Payment of all your medical bills, including all those that you have incurred to date and an estimated value of the ones that you are expected to incur in the future if you need ongoing medical care
• Lost wages due to time off work for treatment and recovery
• Wages you may lose in the future if you are unable to return to your work and have to take a job with lesser pay
• Income you will lose over your lifetime if you are unable to return to work and are permanently disabled
• Costs of retraining, if necessary, so you can return to some type of employment
• Physical rehabilitation costs if rehabilitation is necessary due to your injury
• Reimbursement for out-of-pocket costs you incurred when obtaining medical treatment, including gas or costs of overnight lodging and food if you have to travel for treatment
• Any other costs incurred due to the accident

Noneconomic Damages

Noneconomic damages compensate you for damages that are not possible to calculate. These damages include:

• Pain and suffering: Insurance companies have formulas they use to calculate the amount of pain and suffering for which you should be compensated based on the amount of your economic damages. These formulas are guidelines and are not carved in stone, and there are times when they just don’t work.
• Emotional distress: This includes post-traumatic stress disorder (PTSD). The burden is on you, the injured person, to prove that you suffer from emotional distress in addition to your pain and suffering.
• Loss of consortium or companionship: These are damages paid to your family members, your spouse, or your children – loved ones who have experienced a loss in their relationship with you because of your injury.
• Disfigurement: This can also include injuries to your spine as well as brain injuries.
• Loss of enjoyment of life

Punitive Damages

Punitive damages are awarded for the purpose of punishing a defendant, usually for their intentional conduct. These damages are rare in a personal injury case that is based on negligence. If the person did not intentionally cause harm, then they are not punished for their behavior.

When car accident attorneys are proving fault for a car accident, a defendant can be found grossly negligent, and they may collect punitive damages. According to Texas law, “gross negligence” is defined as an action or inaction that “involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others,” and that the defendant acted or didn’t act despite being aware of the risk and “with conscious indifference to the rights, safety, or welfare of others.”

For instance, when a defendant has had way too much to drink but attempts to drive anyway and then slams into your car, you may be able to collect punitive damages in addition to economic and noneconomic damages. Bear in mind that the other driver can claim that you were also responsible for the accident, which may reduce the amount of your compensation or even leave you uncompensated altogether.

Navigating Texas Car Insurance Laws

Texas car insurance laws operate on an “at-fault” basis, which means that the person who caused the accident is responsible for any damages. This is why having an experienced attorney on your side is crucial. They can help you navigate these laws and ensure that you receive the compensation you’re entitled to.

In Texas, drivers are required to carry a minimum amount of liability insurance. This insurance is meant to cover any damages or injuries caused by an accident. However, dealing with insurance companies can be a complex and often frustrating process. Our experienced attorneys can help you navigate these challenges and fight for your right to compensation.

The Importance of Timely Filing Your Car Accident Claim

In Texas, the statute of limitations for personal injury claims, including car accidents, is typically two years. This means that you have two years from the date of the accident to initiate legal proceedings for personal injury. If you intend to pursue compensation for your injuries and damages, it is vital to adhere to this timeline.

Failing to submit a car accident claim within the Texas statute of limitations may result in the forfeiture of your ability to pursue compensation. This highlights the importance of contacting a lawyer as soon as possible after an accident. Our team at Kyle Law Firm can guide you through this process and ensure that your claim is filed promptly and correctly.

Our Commitment to Client Satisfaction

At Kyle Law Firm, client satisfaction is our priority. We treat every client with the care and respect they deserve, treating each one as family. Our team maintains regular communication with our clients, provides personalized service, and collaborates with a range of professionals to meet their needs. Our commitment to client satisfaction is evident in the positive feedback we consistently receive from our clients.

Furthermore, we offer the following benefits to our clients:

• No-win, no-fee basis: Our clients are only charged legal fees in the event of a successful case outcome. This demonstrates our confidence in our ability to secure a positive outcome for our clients.
• Efficient cost management: We manage costs efficiently to provide our clients with the highest value for their money.
• Exceptional customer service: We prioritize client satisfaction and strive to deliver exceptional customer service.

Types of Car Accident Claims That Our Team Handles

If a car is involved in an accident, our New Braunfels vehicle accident lawyers at Kyle Law Firm can represent you and pursue damages on your behalf. They can support you in all types of accidents, including those involving:

• DUI drivers
• Pedestrians hit by cars
• Rear-end collisions
• Motorcycles and bicycles
• Semi-trucks
• Defective vehicles
• School buses
• Boats
• Hit-and-runs
• Distracted Driving

Our attorneys represent clients in all types of motor vehicle accident cases in and around New Braunfels, but there is a statute of limitations for car accident lawsuits in Texas. This means that you must file your lawsuit with the court within two years after the accident occurs. If you miss this date by even one day, you lose your right to collect damages for your injury forever.

How Kyle Law Firm Can Help You

Dealing with the aftermath of a car accident can be a complex process. However, with the right legal representation, you can navigate this process with confidence. Whether you’re dealing with an insurance claim, gathering evidence, or preparing for a potential trial, the experienced attorneys at Kyle Law Firm are here to help. We’re dedicated to treating our clients like family and ensuring they receive a positive outcome for their case. So don’t hesitate to reach out to us for a free case evaluation. Remember, you don’t have to navigate this process alone.

We at Kyle Law Firm understand the overwhelming nature of dealing with the aftermath of a car accident. That’s why we extend our help. Our highly experienced New Braunfels car accident lawyers, including an experienced auto accident attorney, can guide you through the process, advocate for your rights, and fight for the compensation you deserve. With over 60 years of combined experience, we have the knowledge and skills to handle all types of cases, including car accidents.

Our Team Is Prepared to Help You

Our founding attorney, Matt Kyle, is board-certified in personal injury trial law by the Texas Board of Legal Specialization. Fewer than 3% of Texas vehicle lawyers have this recognition in this area. Our team has in-depth knowledge of personal injury cases.

At Kyle Law Firm, our lawyers treat our clients like family. We provide aggressive representation as we guide your case through the legal system. We’ll meet with you for a free consultation where you can learn about our services and how our team plans to pursue your case. Our attorneys also provide you with information about the substantial financial settlements that they have won on behalf of our clients. We won’t charge you a dime for their legal services unless you win.

Contact one of our New Braunfels auto lawyers today to arrange a no-cost consultation and learn more by calling 830-202-5865 or completing our brief online form.

Frequently Asked Questions

How much does a lawyer get from a car accident settlement in Texas?

In Texas, a lawyer typically charges a contingency fee of between 33% and 40% of the final settlement in a car accident case. It’s essential to discuss this cost with your legal representative at the beginning of the case.

Can you sue for a car accident in Texas?

Yes, in Texas, you can file a claim against the at-fault driver’s liability insurance or file a lawsuit in court to seek compensation for a car accident.

Why should I choose a San Marcos car accident lawyer?

You should choose a San Marcos car accident lawyer because they will provide you with knowledgeable and experienced representation, understanding the local legal landscape to guide you effectively.