The Texas Department of Transportation (TxDOT) estimates almost 2,000 speed-related traffic crashes in Bexar County in 2017. Among these accidents were 42 fatalities and more than 1,000 injuries. Suffering an injury in a speeding accident brings the pain of recovery as well as mental anguish and potential financial hardship for victims. Knowing that injuries might have been prevented if not for the careless choices of another motorist adds to victims’ pain.
If you were injured in a traffic accident because of a driver who was speeding, Texas law permits you to seek compensation for your injuries and losses. Money won’t take away your physical pain, but it can alleviate some of the emotional and financial stress.
A qualified speeding accident attorney can advocate for you and pursue the best outcome for your case. Contact the skilled legal team at The Law Offices of George Salinas at (210) 225-0909 to schedule a free consultation to learn how we might help you after a speeding accident in San Antonio.
Speeding accidents often result in severe injuries and fatalities. The extreme forces a speeding vehicle inflicts when it collides with another vehicle can cause occupants of both vehicles:
- Multiple fractures and broken bones, including broken ribs from airbag deployment
- Head injuries that often result in moderate to severe traumatic brain injuries
- Deep cuts and lacerations that leave permanent scars
- Back and spinal cord injuries that might result in partial or complete paralysis
- Internal bleeding and organ damage from broken ribs or shrapnel from the accident
- Burns when the accident results in a fire or explosion, often requiring multiple reconstructive surgeries
Recovering Damages After a Speeding Accident in San Antonio
Texas has one of the most limited statutes of limitations for taking legal action after a traffic accident. In most cases, victims must take legal action with the help of a qualified attorney within two years of the accident. In an action, victims can usually seek damages that include:
- Medical expenses including ambulance transport, emergency services, hospital stays, radiology, surgery, and medication
- Future medical expenses including 24/7 care for a victim who suffered a permanent disability or when a victim’s injury requires a lengthy recovery
- Rehabilitation expenses including assistive devices and physical therapy
- Lost wages from missing work after a severe injury
- Lost earning capacity when a severe injury or catastrophic injury prevents a victim from returning to work
- Non-economic damages that apply to a particular case such as loss of consortium and pain and suffering
In extreme cases of intentional harm or gross negligence, victims may also have the right to seek punitive damages.
Modified Comparative Fault in Texas Speeding Accidents
Like many other states, Texas applies a so-called “modified comparative fault rule” to personal injury cases. This rule reduces a plaintiff’s available damages by the percentage of the plaintiff’s own fault in an accident. So, for example, if you sue a driver whose speeding caused your injuries for $500,000 and the court rules that you were 10 percent at fault for the accident, the rule reduces the amount you can recover to $450,000.
In addition, under Texas law, a plaintiff found to have been at least 51 percent responsible for causing an accident cannot recover any damages.
These rules give defendants in Texas auto accident cases an incentive to shift blame onto the victim. They may do so by:
- Suggesting the victim was speeding, drinking and driving, or committing some other traffic violation
- Suggesting that the victim was distracted while driving
- Suggesting that the victim was driving fatigued
A skilled personal injury attorney who has experience with Texas speeding accidents can anticipate these strategies and fight for the victim’s right to receive full and fair compensation.
Immediate Steps To Take After a Speeding Accident in San Antonio
If you were in a traffic accident caused by a driver who was speeding, to contact an experienced auto accident lawyer as soon as you are able. Until then, here are some actions that you can take to help protect your rights:
- Seek medical treatment. If you were lucky enough to walk away from your vehicle after a speeding accident, you still need to seek medical care to make sure you are okay. Many injuries do not necessarily show symptoms immediately after an accident. Also, if you have injuries, it is important to document them as evidence in a potential future lawsuit.
- Call the police. Law enforcement typically arrives at the scene of an accident and completes an accident report. If you don’t see the police or you were taken to the hospital, inform authorities about the accident as soon as possible and be sure to follow up and obtain a copy of the police report.
- Don’t speak with the insurance company. Protect your claim by letting an attorney handle communications with the insurance company. This protects you against insurance adjusters trying to use something you said to undermine your claim, and from tactics adjusters may use to try and get you to settle your claim for an unfairly low amount.
- Don’t talk about your accident with others or post on social media. Keep in mind that the insurance company and the defense will investigate the accident and will likely talk to those close to you. When you post about your accident or tell friends and family, you open up another opportunity for an insurance company to twist something that you say to undermine your claim.
Hire a Skilled San Antonio Speeding Accident Lawyer
If you were injured in a speeding accident in the San Antonio area, you shouldn’t have to pay for another driver’s negligence. Let a skilled speeding accident lawyer advocate for you and help you recover losses from your injury. Contact The Law Offices of George Salinas in San Antonio at (210) 225-0909 for a free consultation to discuss the details of your case with a member of our legal team.