San Antonio Car Accident Attorney. Genaro Cortez
Personal Injury Attorney Genaro R. Cortez can help if you were hurt or injured in a car wreck.

Car Wreck Attorney in San Antonio.

Car wrecks are stressful experiences. They cause damage to your car, bodily injury to you and your passengers, or both. Worse yet, many negligent drivers and their insurance companies refuse to pay for the damage they caused.

If you are in a car wreck caused by a negligent driver, we can help. Our firm represents motorists that are hurt by careless drivers. We will investigate your case and make sure the insurance company treats you fairly. If the insurance company does not want to pay, then we can file suit and ask a jury to decide a fair amount for your case.

What is a negligent driver?

A negligent driver is someone who drives carelessly, causes an accident, and as a result of that accident, hurts someone else. Examples of negligent driving include:

  • Speeding;
  • Running a stop sign;
  • Driving drunk;
  • Texting while driving;
  • Distracted driving; or
  • Failing to yield the right of way.

In short, if a driver does one of these things, causes an accident, and hurts you, then he or she is a negligent driver.

UIM and UM Claims.

Sometimes the bad driver who caused the accident may have trouble paying for the damages. The driver may not have enough money to pay or no money at all. The law calls these UIM and UM cases.

That is to say, the driver is underinsured and his policy cannot cover the full cost of the accident. This is a UIM case. Or the driver has no insurance to pay for any part of the accident. This is a UM case.

When this happens, your own insurance policy may have UIM or UM coverage. If you have this type of coverage, then we can file an insurance claim for UM or UIM protection. We can also file suit against your insurance company if they do not want to honor your policy.

Notably, to prove this type of claim, you must show the following:

  1. You have a policy with UM or UIM coverage;
  2. The bad driver caused the accident;
  3. The amount of money you are asking for; and
  4. Either the bad driver has no insurance or not enough insurance to pay for the accident.

Of major interest, this will not raise your rates because you were not at fault. In fact, these types of cases are simple contract cases. You are saying you paid for a type of coverage, i.e., UM or UIM protection. And you are asking your insurance company to foot the bill for the UM or UIM driver because this event is covered by the insurance contract.

DWI Drivers and the Texas Dram Shop Act.

Drunk driving is a major problem on our roadways. Each year, police arrest thousands of drivers for DWI. A major factor in these cases is overserving. People go to bars and restaurants to have fun. But sometimes things go too far.

This happens when bartenders and waiters overserve alcohol to patrons. After that, the driver gets in his or her car and drives home. On the way home, that driver causes an accident that hurts or kills someone else. These facts are the essence of a Texas Dram Shop Act case.

In particular, to prove a Texas Dram Shop Act case, you must show the bartender or waiter overserved alcohol to a person who was clearly drunk or bombed. On top of that, you must show that the patron’s level of intoxication “presented a clear danger to himself and others.” Plus, you must show that the drunk driver directly caused the accident and damages in your case.

Finally, these cases are often tragic. This is because to win one of these cases, you must show someone was hurt or killed by a drunk driver. Nevertheless, if you win one of these cases, you can recover lost wages, medical expenses, and funeral costs.

18-Wheeler Accidents and Commercial Vehicle Crashes.

Further, we also handle 18-wheeler accidents and crashes in San Antonio and South Texas. This includes car crashes caused by commercial vehicle drivers.

The key to these types of cases is to start the investigation as quickly as possible. This is an important part of the case because you will need to look for and discover evidence that the trucker or commercial-vehicle driver caused the accident.

Sometimes this can be as simple as showing the driver ran a red light, changed lanes without looking, or was distracted. But often times, these cases can become complex. This requires collecting evidence such as driver data in the truck, driving logs, and the trucker’s driving record.

The main takeaway from 18-wheeler cases is that you must act quickly to find and preserve as much as evidence as possible to help your case.

What steps should I take if I am in a car wreck?

  1. If someone is hurt, then call 911. If no one is hurt, then call police and file a report.
  2. Get the other driver’s information. You can take a picture of the other motorist’s license and proof of insurance. Also, get their phone number.
  3. Take pictures of the accident and the location of the accident. Make sure to include stop signs and traffic lights in your photos.
  4. Talk to witnesses and take notes.
  5. File a claim with the negligent driver’s insurance company.
  6. Schedule a visit with your doctor to make sure you are ok.
  7. Consult with an attorney.

How can a car wreck attorney help you?

A car wreck attorney will help you get a fair settlement from the insurance company. They do this by documenting your medical injuries, lost wages, and other damages with the insurance company. They will also be your voice during the claims process and push for the best settlement possible.

Moreover, if the insurance company refuses to pay, then a car wreck attorney can file suit and ask a jury to hold the negligent driver and his or her insurance company accountable.

Call today for a free case evaluation. Phone: 210-733-7575

If you have a car-wreck case, then call me today. I want to help. Most important of all, we work on a contingency fee basis. This means you don’t pay unless we win your case or settle it by agreement.