A car accident is a terrifying, disorienting event. Beyond the immediate physical pain and emotional shock, you’re likely to face mounting medical bills, lost wages, and the daunting prospect of facing the worlds of law and insurance.

At Ryan Orsatti Law, we understand the profound physical, emotional, and financial toll a car accident can take on your life. That’s why we’re here to provide not just legal representation, but compassionate, empathetic support as you seek justice. 

The answer to whether you can sue after a car accident in Texas is, in many cases, a resounding yes. But more importantly, you don’t have to face the hardships of this journey on your own.

Attorney Ryan Orsatti believes in direct, hands-on advocacy. When you choose us, you’ll work directly with car accident injury lawyer, Ryan Orsatti. He is more than just a legal advocate. He’s a dedicated partner who genuinely cares about you and your case.

Texas Car Accident Claims: Key Points

• Fault System: Texas is an “at-fault” state. You can sue the driver responsible for the crash.
• Time Limit: You generally have two years from the accident date to file a lawsuit. (Texas Civil Practice & Remedies Code § 16.003)
• Shared Fault: You can still recover damages if you are 50% or less at fault, though your award will be reduced by your percentage of fault. (Texas Civil Practice and Remedies Code § 33.001)
• Compensation: You may seek compensation for medical bills, lost wages, property damage, pain and suffering, and more.

Understanding Your Rights After a Texas Car Accident

Texas operates under an at-fault car insurance system. This is crucial for understanding your right to sue after an accident. It means that the person who is found to be responsible for causing the accident is financially liable for the damages suffered by the other parties involved. 

Unlike “no-fault” states where you first turn to your own insurance regardless of who caused the accident, in Texas, you generally seek compensation directly from the at-fault driver’s insurance company.

Determining Fault: The Cornerstone of Your Claim

Establishing fault is the cornerstone of any car accident lawsuit. This isn’t always straightforward and often requires a thorough investigation. Key evidence used to determine who was at fault includes:

• Police Reports: Official documentation outlining their findings, diagrams, and sometimes, their opinion on fault.
• Witness Statements: Accounts from individuals who saw the accident unfold.
• Accident Reconstruction: Experts can analyze skid marks, vehicle damage, and other physical evidence to recreate the events.
• Traffic Laws: Analyzing whether any driver violated traffic laws.
• Dashcam or Surveillance Footage: Valuable evidence that can provide undeniable proof of what happened.

Comparative Fault: What if You’re Partially to Blame?

Texas law, specifically Texas Civil Practice and Remedies Code § 33.001, employs a modified comparative fault rule, often referred to as proportionate responsibility. This means that if you are found to be partially at fault for the accident, your recoverable damages may be reduced by your percentage of fault. 

If you are deemed 20% at fault for an accident and your total damages are $100,000, you would only be able to recover $80,000. However, there’s a critical threshold: if you are 51% or more at fault for the accident, you cannot recover any damages from the other party. 

The law makes a meticulous investigation into fault all the more important, as even a small percentage of assigned fault can significantly reduce your compensation. As long as your responsibility is 50% or less, you may still have a claim.

The Clock is Ticking: Understanding the Statute of Limitations

Time is of the essence after a car accident. For most personal injury claims resulting from a car accident, you have a limited window to file a lawsuit, known as the statute of limitations. In Texas, this deadline is generally two years from the date of the accident, as stipulated by Texas Civil Practice & Remedies Code § 16.003.

While two years may seem like a long time, crucial evidence can disappear and witness memories can fade. These are just some of the difficulties of building a strong case, which is why it requires immediate action. 

Acting promptly protects your ability to pursue the compensation you need. Contacting a Texas car accident attorney soon after your injury allows for the timely preservation of evidence and witness testimony.

Navigating the claims process alone presents risks, including missed deadlines and challenges when dealing with insurance companies whose goal is to minimize what they pay.

Common Examples of Driver Negligence:

Unfortunately, countless car accidents are the direct result of a driver’s careless behavior. Some of the most common forms of driver negligence that can lead to a valid personal injury lawsuit include:

• Distracted Driving: This epidemic includes texting while driving, talking on the phone, or any activity that takes a driver’s eyes off the road, hands off the wheel, or mind off driving. Texas law prohibits texting while driving, and evidence of such can be powerful in your case.
• Drunk Driving (DWI/DUI Accidents): Driving under the influence of alcohol or drugs is not only illegal but also incredibly dangerous. Victims of drunk driving accidents often suffer catastrophic injuries. In such cases, it may also be possible to pursue punitive damages against the at-fault driver due to their gross negligence.
• Speeding: Exceeding the posted speed limit, or driving too fast for conditions significantly reduces a driver’s reaction time and increases the severity of collisions.
• Reckless Driving: This encompasses a range of dangerous behaviors, such as aggressive lane changes, road rage, or deliberately endangering other motorists.
• Failure to Obey Traffic Laws: Running red lights, ignoring stop signs, or failing to yield the right-of-way are clear breaches of a driver’s duty of care.
• Fatigued Driving: Drowsy driving can be as dangerous as drunk driving, impairing judgment and leading to catastrophic errors.

Types of Damages You Can Recover in a Car Accident Lawsuit

When you sue after a car accident, the goal is to recover financial compensation for the harm you’ve endured. This compensation is broadly categorized into economic damages, non-economic damages, and in some severe cases, punitive damages.

Economic Damages

These are tangible losses that have a clear monetary value. They are typically proven through receipts, wage statements, and expert testimony.

• Medical Expenses: This is often the largest component of damages. It can include past, present, and future expenses across the medical spectrum.
• Lost Wages: If your injuries prevented you from working, you can seek compensation for all income lost. If your injuries cause a permanent disability or reduce your earning capacity in the future, you can also claim for this.
• Property Damage: This covers the cost to repair or replace your damaged vehicle, as well as any other personal property destroyed in the accident.
• Other Out-of-Pocket Expenses: This can include transportation costs to medical appointments, rental car fees, home modifications for accessibility, or even childcare expenses incurred due to your injuries.

Non-Economic Damages

These damages are more subjective and do not have a direct financial bill associated with them, but they represent the impact the accident has had on your quality of life. Valuing these damages often requires the skill of an experienced attorney who understands how to present compelling arguments.

• Pain and Suffering: This encompasses the physical pain, discomfort, and anguish you have experienced and will continue to experience due to your injuries. It also includes the mental and emotional distress and inconvenience caused by the accident and its aftermath.
• Mental Anguish: This specifically refers to the emotional trauma, psychological distress, and severe emotional response to the accident, such as PTSD, depression, or anxiety.
• Disfigurement: If your injuries result in permanent scarring, burns, or other physical alterations that affect your appearance, you can seek compensation for disfigurement.
• Impairment (Loss of Enjoyment of Life): This category addresses how your injuries have impacted your ability to engage in daily activities, hobbies, and recreational pursuits you once enjoyed.

Punitive Damages

In certain, more egregious cases of negligence, Texas law allows for the recovery of punitive damages also known as exemplary damages. As per Texas Civil Practice & Remedies Code § 41.003, these are not intended to compensate the victim but rather to punish the at-fault party for their extremely reckless or malicious conduct.

Attorney Ryan Orsatti’s process involves a meticulous investigation of your case, comprehensive documentation of your losses, and collaboration with medical and financial professionals to calculate your current and future damages.

We build a thorough and evidence-based claim to advocate for your best interests, allowing you to focus on your recovery.

Why Choose Ryan Orsatti Law?

We don’t just handle cases; we champion people. We understand that this isn’t just a legal battle, it’s about helping you rebuild your life. Here’s why we stand out as your ideal partner in the pursuit of justice:

Direct Attorney Involvement & Personalized Care

You’ll have the privilege of working directly with Ryan Orsatti himself. This isn’t just a promise; it’s our core philosophy. Ryan is more than a legal advocate, he’s a dedicated partner who genuinely cares about you and your case. 

Throughout your legal journey, he will be by your side, providing unwavering support and guidance, ensuring you’re never left in the dark. We listen, we empathize, and we advocate tirelessly on your behalf. 

Experience Counts 

With a wealth of experience in personal injury law, our firm boasts a proven track record of securing favorable settlements and verdicts for our clients. We have successfully led countless complex cases, consistently achieving optimal results. 

We are unwaveringly committed to fighting for your rights by relentlessly advocating for your best interests.

Accessibility & The Pursuit of Justice 

We believe that access to justice should never be a financial burden. That’s why we offer a free case evaluation and a free consultation to discuss your accident and legal options. Furthermore, we operate on a contingency fee basis meaning you pay no fees unless we secure a victory for your case. 

Your calls are answered 24/7, providing immediate support when you need it most. We can even help arrange transportation to doctors and identify doctors who will delay billing until your case concludes, alleviating immediate financial stress.

Trial Readiness

While many personal injury cases settle out of court, our firm is always prepared for trial. If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court. We fight for your rights, presenting a compelling case to the judge and jury, ensuring that you have the strongest possible representation in the courtroom.

Local Focus, Statewide Reach 

While our headquarters are in San Antonio, Texas, we proudly serve clients throughout the entire state, including Austin, Dallas, and Houston. Our deep understanding of Texas law and local nuances gives us an advantage in securing your rights, wherever your accident occurred. We also offer services in both English and Spanish.

Car Accident FAQs

What should I do immediately after a car accident?

• First, ensure you and your passengers are safe and call 911 to report the accident and request medical assistance.
• If you can, use your phone to take pictures of the accident scene, vehicle damage, and any visible injuries.
• Exchange contact and insurance information with the other driver but avoid discussing fault. 
• Seek a medical evaluation as soon as possible, even if you feel fine, as some serious injuries have delayed symptoms.
• Call a car accident lawyer near you to pursue compensation.

The other driver’s insurance company wants me to give a recorded statement. Should I?

No. Never provide a recorded statement to the at-fault driver’s insurance company without first consulting an attorney.

The adjuster’s goal is to protect their company’s financial interests, and they may ask leading questions designed to get you to say something that undermines your claim.

You must cooperate with your own insurance company, but you are not obligated to give a recorded statement to the other party’s insurer.

What if the driver who hit me has no insurance or not enough insurance?

If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own insurance policy if you have Uninsured/Underinsured Motorist (UM/UIM) coverage. This optional but highly recommended coverage in Texas protects you in these exact situations. We can review your policy to determine if you have this coverage and help you file a claim.

How long will it take to resolve my car accident case?

The timeline for a car accident case varies greatly depending on its complexity. The key factors include the extent of your medical treatment, the amount of evidence to gather, and the willingness of the insurance company to negotiate a fair settlement.

We will do everything we can to complete the process as quickly as we can without letting the insurance company take advantage of you.

Don’t Face the Aftermath Alone, Contact Us Today

A car accident can leave you feeling lost and overwhelmed, but you don’t have to traverse the world of a lawsuit alone. If you’ve been injured in a car or truck accident in San Antonio or anywhere in Texas, you deserve an attorney who truly cares and fights relentlessly for your rights and full compensation.

Don’t let the insurance companies dictate your future. Contact San Antonio personal injury attorney now, call at (210) 525-1200 for a free, no-obligation consultation. We will be by your side, providing unwavering support and guidance through every step of your legal journey. Remember, with Ryan Orsatti Law, you pay nothing unless we win your case.

Contact us today, in English or Spanish, and let us start fighting for justice and full compensation.