When a Minor Car Accident Becomes a Personal Injury Claim | San Antonio, Texas Attorneys

San Antonio's congested roads, including I-35 and I-410, pose significant risks to drivers. Nearly 40,000 crashes occurred on San Antonio streets in 2024. Over 6,000 were considered minor, but that doesn't mean injuries weren't involved.

Victims of fender benders often don't realize they were injured in the crash until later, making it more challenging to pursue compensation. Our Texas injury attorneys at Carabin Shaw assist these victims in filing personal injury claims to recover damages for medical bills, lost wages, and other expenses related to their injuries. Call us toll-free 24/7 for a free case review in English or Spanish.

You may feel fine after your accident, but that doesn’t mean you didn’t suffer any harm. Some injuries, such as whiplash and soft tissue damage, may not be evident immediately, particularly when a post-accident adrenaline surge is likely to mask any pain. Common injuries after minor crashes might include:

• Whiplash
• Spinal damage
• Concussions
• Soft tissue damage
• Nerve compression

Even if you don’t experience symptoms immediately following your crash, see a doctor as soon as possible. Your medical team can diagnose potential issues even before the pain starts, often shortening healing times. An early assessment is also a key factor in linking possible injuries directly to the accident, which is critical in building your case.

Whether your accident is a major wreck or a minor fender-bender, the steps you take immediately following the crash will go far in protecting your rights and improving your odds for full compensation. These steps include:

• Gathering photos or videos of the accident
• Collecting eyewitness contact information
• Seeking medical treatment immediately
• Avoiding talking to insurance adjusters
• Contacting a personal injury attorney

Texas law requires people involved in an accident to call the police if there are any injuries, fatalities, or significant property damage. If any accident victims experience pain after the crash, injuries should be assumed.

You might not think about calling a lawyer after a minor car accident. However, a legal professional can make all the difference between getting taken advantage of by insurance companies and getting the compensation you deserve. Seek legal help if:

• The responsible driver denies fault for the accident
• Injury symptoms appear days after the incident
• The driver responsible was uninsured or underinsured
• The insurance company delays or denies your claim
• You need help determining what your claim is worth

Insurance companies try to minimize claims, paying out as little as possible to accident victims. They often use the fact that your accident was minor to deny that your injuries exist. In some cases, insurance adjusters may be quick to offer a lowball settlement. They know that if you accept their offer, you can't come back for additional compensation if your injuries turn out to be more serious or costly.

Your attorney can protect you from insurance company tactics and ensure you receive the compensation your claim is truly worth.

Texas is an at-fault state, meaning that the person who caused the accident is liable for the resulting damages. The victim must prove that the at-fault driver's negligence directly led to their accident and injuries. Your personal injury lawyer in San Antonio Texas will use the following evidence to demonstrate liability:

• Police accident report
• Eyewitness statements
• Physical evidence from the scene
• Camera or video footage
• Analysis by accident reconstruction experts

Sometimes, the accident victim may be partially to blame for the accident. The victim can still pursue damages, as long as their portion of fault is determined to be less than 51%. However, total damages will be reduced by their percentage of responsibility, based on Texas’s proportionate responsibility rule.

If you were injured in a minor accident, the lawyers at Carabin Shaw can help. We offer our services on a contingency-fee basis, so you pay nothing until we win your case. We also have many client reviews attesting to our ability to help accident victims like you. Call us today at 1-800-862-1260.

For more information:

• https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2024/14.pdf
• https://statutes.capitol.texas.gov/docs/tn/htm/tn.550.htm
• https://www.law.cornell.edu/wex/negligence
• https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm