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San Marcos Car Accidents

TxDOT releases data every year, showing how many accidents have happened. For example, here in San Marcos in 2019, nine fatal car accidents occurred, which resulted in ten fatalities. With 1250 traffic accidents accounting for over 200 serious injury victims.

Causes of vehicle accidents in San Marcos:

  • Speeding
  • Distracted Driving
  • Driving Under Influence
  • Unsafe Lane Changes
  • Not Keeping a Safe Distance
  • Inattentive Driving
By Law, You Are Entitled to Compensation for Injuries from a Car Accident

You need to know your rights as a car accident injury victim and take the correct steps to make your claim successful. Under Texas law, no limit is set on compensation for your pain and suffering. Therefore, to receive the compensation you are entitled to, you need to call our lawyers today! But don't forget, in Texas, we have a statute of limitations on personal injury claims. It is two years from when the accident occurred, don't drop the ball.

Our legal team fights hard to get our clients the maximum restitution they deserve. However, we know the pain and anguish injured victims of a San Marcos auto accident are going through. When you have decided to choose our attorneys to help you navigate your case, we will be by your side all the way. We will hold the negligent party accountable for the damages they have caused.

We will:

  • Reconstruct the Accident Scene
  • Interview Witnesses
  • Check the Police Reports
  • Check Traffic Cameras
  • and more

*Some of these actions might not apply to your case

Our course of action is to help you get back on your feet as soon as possible. We will take the fight to the insurance companies, so you don't have to worry about medical bills or other expenses piling up. You may not be able to work for a while, going through painful rehab sessions. We are here to help you and your family get back to your life as soon as possible.

Get Better, Get Well! We’ve Got Your Back

When we represent you, we will do our very best to secure the best possible outcome for your claim. Our car accident lawyer will keep you informed every step of the way. Of course, you should call us with any concerns you might have. Some claims get settled quickly, and others will have to be taken to court for litigation. If this is the course, it might take longer to get a judgment.

Your Concerns May Be

Why Do I Need an Attorney?

You can represent yourself, but we do not recommend that tactic.

Our law firm has 30 years of dealing with various personal injury cases, most of all car accidents with serious injuries. We also handle truck accidents, motorcycle crash injuries, wrongful death claims, and more.

Do I Have to Pay Anything Upfront?

Most personal injury firms work on a contingency basis. That means you don't pay anything unless we win the case. Once the case has settled, we generally get a third or thereabout. It depends on how many extraordinary expenses we had for your claim.

How Long Does It Take to Get My Money?

Some claims get settled quickly, and others will have to be taken to court for litigation. If this is the case, it might take longer to get a judgment.

What Kind of Money Can I Expect?

Every case is different; accidents with serious injuries or wrongful death generally will command the highest compensation.

Our Car Accident Attorney Explains What to Do After a Car Wreck

If you or a loved one has been in a recent car wreck, it's important you take steps to protect your rights. At some point in our lives, the majority of us will experience involvement in a car accident. Most of the time, a car accident is nothing more than a simple fender bender that causes minor property damage. In other incidents, wrecks can be traumatic and devastating events, leaving permanent scars on the lives of the passengers and drivers involved.

Regardless of if your accident was a simple fender bender or one more serious, you are most likely entitled to seek compensation for the physical, emotional, and financial injuries you suffered as a result of that crash. How much money you are entitled to and the degree of difficulty to collect it depends on the highly individualized circumstances of your accident. In a few instances, you may be able to protect your rights on your own, but generally, hiring an attorney is the only way to recover the full amount that your case is worth. Our auto accident attorneys will highlight some of the basics of car accident litigation in Texas.

Do You Have a Claim?

Nearly every one of us will get into a car accident during our lives. So how can you know if you have a successful case against someone to reimburse you for injuries? In most cases, an accident victim is only entitled to collect compensation for his injuries if he can prove in court the four elements of a car accident claim. Until you demonstrate that the law and facts reveal the defendant is required to pay you money, the defendant in your case will be presumed "innocent."

The four elements in a car accident claim you must prove in order to recover for your accident injuries are duty, breach, causation, and damages. We'll discuss each of these four elements in detail below, so you will know the precise requirements necessary to prove that you're entitled to compensation.

Duty

The initial requirement for a successful car accident case is to prove the defendant owed you a duty of care in exercising a certain standard of caution to make sure you would not sustain an injury. The law sets this level of duty of care that one person owes another, and it depends on the circumstances of the situation and the relationship between the involved parties. Proving the defendant owed you a minimal duty of care will most likely be straightforward because almost all drivers owe each other the duty to operate their car as a reasonable person would so as to keep others safe. This "reasonable person standard" will probably be applied to the defendant in your case.

Breach

After you show the defendant owed you a duty of care, you'll need to reveal how he breached that duty of care. Usually, this requires demonstrating the defendant drove in a way a reasonable person would not have driven. Your defendant can be held responsible for any consequences that resulted from his/her negligent actions if, even for just a moment, he/she drove unreasonably. Proving the defendant breached his/her duty of care often requires you to bring to court evidence to precisely demonstrate what the defendant did or failed to do. The jury in your case will consider your evidence and the evidence of the rest of the circumstances around the defendant's actions to decide if the defendant's behavior was indeed unreasonable. Actions such as driving while intoxicated, driving at night without headlights on, speeding recklessly, or running through red lights, can all constitute a breach of the defendant's duty of care.

Causation

You have shown that the defendant in your case was negligent once you've proven the elements of duty and breach. However, showing negligence is not enough to hold the defendant responsible for your injuries unless you also show the defendant's negligence caused the wreck. Often there are several parties who could potentially be at fault in a car accident - pedestrians, other drivers, and even you could be framed as potential suspects by the defendant. Your defendant will probably do everything he can to avoid liability. He or she may try to convince the jurors that a third party caused the wreck, your injuries existed before the accident, or you caused the accident yourself. Therefore, it's crucial you have sufficient evidence to prove it was the defendant's conduct that caused you harm.

Damages

Finally, after having proven the defendant's liability, you'll need to show how much in damages you are entitled to collect from the defendant. The term "damages" does not refer to your injuries. It refers to the monetary value of your injuries or the amount of money you will recover if you prevail in the case. You'll need to determine what they owe and give evidence of your injuries and losses to support those calculations to prove what you're entitled to collect. Losses such as loss of earning capacity, lost salary, medical bills, repair bills, and pain and suffering can all be presented and recovered as damages.

Calculating how much you think you're owed in damages is something your defendant will also be performing. In a car wreck case, the amount of damages is usually a contested issue. If the jury finds the defendant was liable for the wreck, defendants calculate how much they think they owe accident victims. Defendants often allege they owe you much less than your calculations and that you are unfairly asking for more than the real value of your injuries. So, to show the jury the calculated amount is fair, and the defendant is simply making a last-ditch effort to avoid his negligence, you must have available evidence of your losses to substantiate your figures.

It's crucial to figure out the total amount of damages because you only have one attempt to demand all you are entitled to. Yet, unless you're experienced, accounting for all these losses can be difficult. For instance, how do you calculate an amount for an intangible loss such as pain and suffering? When figuring out lost earning capacity, how do you allow for possible raises and promotions you would have earned if still working? How do you summarize your medical bills if your medical treatment continues? The car accident attorneys at our Law Office understand how to make all these calculations and determinations so you can recover the full amount possible.

How to Choose the Personal Injury Lawyer Who Is Right for Your Case

With so many car accident attorneys, how can you determine which one is the best choice for your case? Our personal injury and car accident attorneys recommend interviewing two to three lawyers before making a hiring decision. Question each attorney about their track history for settling and litigating car accident cases and get feedback from each attorney about the strengths and weaknesses of your case. See if they can provide names of former clients whose cases have similarities to your claim. Don't hire a lawyer until you're confident about his experience and competence in handling cases such as yours and confident he is someone you can trust with your case.

The car accident attorneys at our Law Office have been litigating car accident cases for the past three decades and have won favorable settlements and verdicts against nearly every major auto insurer in the United States. As a result, insurance companies know our name, and often, because of our reputation, we can influence them into giving our clients special treatment. Our goal is to make the legal process as easy and hassle-free for our clients and to assist them in recovering as much as possible from their injuries.

Don't lose your case because you didn't think it was necessary to have an attorney in your corner. Call our Law Office for a free consultation. We'll inform you whether you need a lawyer or not and why. We can discuss all the options available to you and explain how we can help you in your case to get back on your feet and move forward confidently into the future.


Client Reviews
★★★★★
We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
★★★★★
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
★★★★★
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
★★★★★
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
★★★★★
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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