Military Personnel & Car Accident Claims in San Antonio TX: What Victims Need to Know

Joint Base San Antonio — comprised of Fort Sam Houston, Lackland, and Randolph military bases — is the largest joint base in the country, with scores of military personnel living and working in the heart of the Alamo City. City residents will likely encounter military members on the roads or while visiting one of the four bases. If you are the victim of a car accident involving a serviceman or woman, you may be unclear on how to file a claim and seek compensation.

Rest assured, the San Antonio TX car accident lawyers at Carabin Shaw have extensive experience handling vehicle accidents involving military personnel. We will protect your rights and maximize damages so you can focus on your recovery. Our team is available 24/7 at 1-800-862-1260 for free consultations in English or Spanish.

No matter where your accident occurs or who was involved, the immediate steps are the same:

• Seek treatment for any injuries
• Report the accident to the authorities
• Collect evidence like photos and eyewitness statements
• Exchange information with other drivers involved
• Report the accident to your insurance company
• Contact a military car accident lawyer in San Antonio, Texas

State law requires those involved in a car crash to report the accident to local authorities immediately if there are fatalities, injuries, or more than $1,000 in damages. All accidents occurring on military bases must be reported to the base police.

Avoid admitting fault when talking to other motorists, witnesses, or insurance adjusters. Insurance companies look for reasons to reduce or deny claims. It’s best to let your lawyer handle all direct communication with other parties to ensure your rights are protected.

Texas is one of 38 at-fault states, which hold the party responsible for the accident liable for injuries and other losses. In most cases, payment comes from the at-fault party’s insurance provider. Accident victims may file claims directly with that insurance company to seek damages. If the at-fault driver doesn’t have coverage, you can also file a claim with your provider if you have uninsured-underinsured coverage.

Many service members in San Antonio have insurance through USAA, which covers active and retired military members. You may assume that working with a trusted insurance provider like USAA ensures you will receive fair treatment from the adjuster assigned to your case. Unfortunately, that is not always the case.

Like other insurance companies, USAA often uses tactics to reduce or deny claims filed by accident victims. They may use your statements to question your fault in the accident or your need for medical treatment. The scrutiny is even more intense if your injuries are severe or you seek substantial damages. Having San Antonio car wreck lawyers represent you through this process protects your rights and ensures you receive all the compensation necessary to recover from your injuries fully.

If the at-fault driver was uninsured or the insurance company does not offer a satisfactory settlement, you can also file a personal injury lawsuit against the responsible party. Active service members may be protected from civil lawsuits under the Servicemembers’ Civil Relief Act (SCRA), but accident victims may pursue a lawsuit under the Federal Tort Claims Act (FTCA).

The FTCA allows civilians to file lawsuits against the U.S. government for some civil claims, including car accidents. Under the FTCA, accident victims can seek damages for injuries and property damage incurred due to the negligence of an active military member. This act also applies to vehicle accidents that occur on military bases. The FTCA is complex with numerous exceptions, requiring the expertise of San Antonio car accident attorneys to navigate the legal process.

A car crash can wreak havoc, causing pain and uncertainty about your future. If the accident involves military personnel, you may be confused about where to seek help. The experienced San Antonio attorneys at Carabin Shaw have been helping accident victims like you for more than two decades, as our client reviews demonstrate. We offer our services on a contingency-fee basis, so you pay nothing upfront for our services. Call us toll-free now at 1-800-862-1260.

For more information:

• Chapter 550. Collisions and Collision Reports
• Motor Vehicles Overview
• Servicemembers' Civil Relief Act
• The Federal Tort Claims Act (FTCA): A Legal Overview