San Antonio Personal Injury Law Firm
San Antonio Car Accident Lawyer
If you have been hurt in a car accident caused by the negligence of another party,
call my personal cell phone at 210-464-5454
A car accident can change your life in a matter of seconds. One moment you’re driving down I-35 or merging onto Loop 410, and the next you’re dealing with injuries, medical bills, and an insurance company that wants to settle as fast and cheap as possible. That’s a lot to handle on your own — especially when you’re in pain and missing work.
You deserve someone fighting on your side from day one.
At Toscano Law Firm, we help car accident victims across San Antonio and South Texas pursue the compensation they actually deserve — not just what an insurance adjuster offers in a first phone call. Call us today for a free consultation. You pay nothing unless we win.
Table of Contents
- How Dangerous Are San Antonio Roads?
- What Should You Do After a Car Accident in San Antonio?
- Common Injuries from Car Accidents
- What Compensation Can You Recover After a Car Accident in Texas?
- How Is Fault Determined in a Texas Car Accident?
- How Long Do You Have to File a Car Accident Claim in Texas?
- How Much Does It Cost to Hire a Car Accident Lawyer?
- Why San Antonio Car Accident Victims Trust Toscano Law Firm
- What Our Clients Are Saying
- Frequently Asked Questions
- Related Blogs & News Commentaries
- Citations
Real People, Real Results
Car Accident
$530,000
Net to Client: $220,250.57
Expenses: $8,082.76
Attorney Fees: $186,666.67
Injuries: Fractured ankle, fracture of three toes, broken hand, broken wrist
How Dangerous Are San Antonio Roads?
San Antonio is one of the most crash-prone cities in Texas — and Texas is one of the most dangerous states in the country for drivers. The numbers from the Texas Department of Transportation paint a clear picture of just how serious the problem is.
San Antonio and Bexar County recorded 48,522 total crashes in 2024 — roughly 133 per day — making it the second-highest crash total of any county in Texas, behind only Harris County (Houston).¹
Of those crashes, 205 were fatal, claiming 215 lives on local roads and highways.¹
Another 773 crashes resulted in suspected serious injuries, leaving 897 people with life-altering harm — from spinal cord damage to traumatic brain injuries and shattered bones.¹
Across the state, Texas saw 554,146 total crashes in 2024, with a reportable crash occurring every 57 seconds. Not a single day passed without a traffic fatality anywhere in Texas.²
Speeding was the leading contributing factor in over 131,000 Texas crashes in 2024.²
Distracted driving caused more than 81,000 crashes. Alcohol-impaired driving accounted for 25% of all traffic deaths statewide.²
Those numbers don’t account for every crash. Many fender benders and low-speed collisions go unreported. The true scope of the problem is almost certainly higher.
Several San Antonio corridors see a disproportionate share of serious crashes. I-35, Loop 410, Loop 1604, Highway 281, and Culebra Road are consistently among the highest-crash corridors in the area, according to the city’s own Vision Zero crash data.³ Rapid population growth, aging infrastructure, heavy commercial truck traffic, and the sheer volume of vehicles on San Antonio roads all play a role.
Nearly half of car accidents in San Antonio happen at night, when risks from fatigued driving, impaired driving, and reduced visibility increase significantly.
If you or someone you care about was hurt in a crash on any San Antonio road, you may have a right to pursue compensation from the person or party who caused it. For a deeper look at where Texas crashes happen most frequently, see our guide on the most dangerous roads in Texas.
What Should You Do After a Car Accident in San Antonio?
The steps you take in the first hours and days after a car accident can make a real difference in the strength of your case. Here is what we recommend.
Get to safety and call 911
If you can move, get yourself and anyone else out of the roadway. Call 911 to request police and emergency medical services. A police officer responding to the scene will create an official accident report — and that report becomes a key piece of evidence.
Seek medical attention — even if you feel fine
Some injuries do not show symptoms right away. Whiplash, concussions, and internal injuries can take hours or even days to become noticeable. Seeing a doctor promptly creates the medical documentation your claim will rely on. Gaps between the accident and treatment are one of the first things insurance adjusters look for when trying to minimize your case.
Document the scene
Take photos of all vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries. Exchange insurance and contact information with the other driver. If there are witnesses, get their names and phone numbers. Write down your own account of what happened while the details are still fresh.
Request your San Antonio police report
The San Antonio Police Department makes accident reports available through the San Antonio Open Government Portal for $6. This report includes the responding officer’s observations, contributing factors, and information about the other driver. It is an important part of your insurance claim and any legal action that follows.
For more on when and how to get a report, see our post on whether you need a police report for a car accident.
Contact a car accident lawyer before speaking with insurance
Do not give recorded statements or sign any releases without speaking with a lawyer first. Insurance adjusters may seem helpful, but they work for the insurance company — not you. Anything you say can be used to reduce your claim.
This is one of the most important steps you can take, and it is the one people most often skip. The other driver’s insurance company starts building its case immediately. Having a lawyer on your side early protects you from common tactics that can undermine your claim before you even realize it.
When one of our clients, Faye M., first needed legal help, she noticed that Patrick gives out his personal phone number. She called, and Patrick — not an assistant, not a secretary — answered immediately. Before they even met in person, he had already started the necessary paperwork. That level of responsiveness is what we aim for with every case.
Common Injuries from Car Accidents
San Antonio is one of the most crash-prone cities in Texas — and Texas is one of the most dangerous states in the country for drivers. The numbers from the Texas Department of Transportation paint a clear picture of just how serious the problem is.
| Injury Type | Common Cause | Impact on Work & Life | Severity |
| Traumatic brain injury (TBI) |
Head-on collisions, rollovers, pedestrian crashes |
Cognitive changes, memory loss, lost earning capacity
|
Critical |
| Spinal cord injuries |
High-speed crashes, rollovers |
Paralysis, permanent mobility loss |
Critical |
| Internal injuries | High-force impacts, seatbelt compression | Organ damage, internal bleeding, emergency surgery | Critical |
| Herniated discs & back injuries | Rear-end and side-impact crashes | Surgery, extended recovery, career limitations | Severe |
| Broken bones & fractures | Side-impact, T-bone, and rollover crashes | Surgery, rehabilitation, reduced function | Severe |
| Airbag injuries | Frontal collisions triggering deployment | Burns, fractures, eye injuries, chest trauma | Moderate–Severe |
| Whiplash & neck injuries | Rear-end collisions, sudden stops | Chronic pain, limited mobility, missed work | Significant |
| PTSD & emotional trauma | Any serious crash | Anxiety, depression, fear of driving, lost quality of life | Significant |
These injuries don’t just affect you physically. They affect your ability to work, your income, your family’s stability, and your daily quality of life. That long-term impact is exactly what a personal injury claim is designed to address.
If you’ve been diagnosed with a specific injury after a crash, we’ve written in-depth guides on several of the most common ones:
Use our free pain and suffering calculator to get a general estimate of what your car accident claim may be worth.
What Compensation Can You Recover After a Car Accident in Texas?
Current & future medical expenses
Hospital stays, surgeries, rehabilitation, physical therapy, prescription medications, and any ongoing treatment your injuries require.
Lost wages and reduced earning capacity
Income you lost while recovering, plus the impact on your future ability to earn if your injuries are permanent or long-term.
Pain and suffering
The physical pain and discomfort your injuries have caused and will continue to cause. Texas law recognizes this as a real, compensable category of damages. For real-world context, see our guide on pain and suffering settlement examples in Texas.
Emotional distress
Anxiety, depression, PTSD, and other psychological effects of a serious crash are valid parts of your claim. These are not secondary concerns — they are recognized damages under Texas law.
Vehicle damage and property loss
Repair or replacement costs for your vehicle, plus any personal property damaged in the crash.
Punitive damages
In cases involving gross negligence — such as a drunk driving crash — Texas courts can award punitive damages designed to punish the responsible party and deter similar conduct.
In the car accident case shown above, our client suffered a fractured ankle, fractures to three toes, a broken hand, and a broken wrist. The total recovery was $530,000, with $220,250 going directly to the client after expenses and fees. Insurance companies sometimes try to minimize claims like these as “just fractures.” We don’t accept that framing. Our job is to account for the full impact of an injury — not just the emergency room bill, but the months of recovery, the missed work, and the long-term effects on a person’s daily life.
For a general estimate based on the details of your own situation, try our free pain and suffering calculator. For a more accurate picture, the best step is a free consultation with our team.
How Is Fault Determined in a Texas Car Accident?
Texas Is an At-Fault State
Texas follows an at-fault insurance system. That means the person who caused the crash is legally responsible for paying the damages. After a car accident, you generally have two paths to pursue compensation: filing a claim with the at-fault driver’s insurance company, or filing a personal injury lawsuit against the at-fault driver directly. Either way, fault must be established.
Fault is typically determined through evidence: the police report, witness statements, photos and video of the scene, vehicle damage patterns, and sometimes expert accident reconstruction. An experienced car accident lawyer can investigate the crash, gather documentation, and present your side effectively to insurers or a jury.
What Is Texas’s Modified Comparative Negligence Rule?
Not every car accident is 100% one person’s fault. Texas law accounts for that through a system called modified comparative negligence, codified in Texas Civil Practice and Remedies Code § 33.001.⁴
Here is how it works:
If you are 50% or less at fault, you can still recover compensation — but your award is reduced by your percentage of responsibility.
If you are 51% or more at fault, you are completely barred from recovering anything.
A concrete example: if a jury finds that your total damages are $100,000 and you were 30% at fault for the crash, your recovery would be reduced to $70,000. But if you were found 51% at fault, you would receive nothing — even though the other driver caused nearly half the accident.
That percentage line can mean the difference between a substantial recovery and nothing at all. It is one of the most important reasons to have a lawyer who understands how to build a strong case and protect you from blame-shifting tactics.
For more on how fault works in specific types of crashes, see our guide on who’s at fault in a T-bone accident in Texas.
How Insurance Companies Try to Shift Blame
Insurance companies understand that every percentage point of fault they assign to you reduces their payout. Their adjusters are trained to find ways to increase your share of responsibility.
Common tactics include:
Requesting a recorded statement early, before you’ve talked to a lawyer, and asking questions designed to get you to accept partial blame
Pointing to delays between the accident and your first medical visit to argue your injuries weren’t that serious
Monitoring your social media for photos or posts that could be used to undermine your claim
Arguing that you failed to mitigate your damages by not following medical advice
One of our clients, Dara Clow, tried to handle her claim on her own for nearly two years after being hit by a distracted driver. She described being treated by the other driver’s insurance as though she had nothing to claim. After she found Patrick Toscano, he stepped in and made everything easy. The case finally settled and she couldn’t have been happier. That is exactly the kind of situation where having a lawyer changes the outcome.
How Long Do You Have to File a Car Accident Claim in Texas?
Texas law gives you two years from the date of your accident to file a personal injury lawsuit. This deadline, called the statute of limitations, is set by Texas Civil Practice and Remedies Code § 16.003.⁵ If you miss it, you lose your right to pursue compensation through the courts — regardless of how strong your case is or how serious your injuries are.
There are limited exceptions. If the injured person is a minor, the clock generally does not start until they turn 18. If the injury was not immediately apparent, the discovery rule may extend the timeline. And if the at-fault party is a government entity, such as a city vehicle or a TxDOT maintenance crew, you may need to file a formal notice of claim within six months under the Texas Tort Claims Act — a much shorter window.
Beyond legal deadlines, acting quickly matters for practical reasons. Evidence degrades. Witnesses move or forget details. Surveillance footage gets overwritten. The sooner a lawyer can investigate and send a document preservation letter, the stronger your case will be.
If you are unsure how much time you have left, contact us for a free consultation. We can review the specifics and let you know exactly where you stand.
How Much Does It Cost to Hire a Car Accident Lawyer?
At Toscano Law Firm, we handle all car accident cases on a contingency fee basis. We call it our no win, no fee promise.
That means:
No upfront costs. You pay nothing to get started.
No retainers. No hourly billing. There is no financial risk to you.
Our fee is a percentage of the recovery. If we don’t win your case, you owe us nothing.
Before we move forward with any case, we walk you through exactly how fees are structured so there are no surprises. We are selective about the cases we take precisely because we operate this way — every case we accept, we take on the financial risk alongside you.
For a detailed look at what legal costs look like in Texas, see our guide on how much it costs to sue someone in Texas.
One of our car accident clients, Ryan Arevalos, described being hesitant to contact a lawyer at all after being rear-ended. But Patrick’s team took care of everything. He made it to all his rehab appointments, got back to 100%, and Patrick fought for more compensation from the insurance company than Ryan expected. That’s the experience we aim to provide for every client: real results with no financial risk upfront.
Why San Antonio Car Accident Victims Trust Toscano Law Firm
You get Patrick directly.
When you call Toscano Law Firm, you reach Patrick Toscano — not a case manager, not a paralegal. Patrick gives clients his personal cell phone number because real access to your lawyer matters, especially after a serious car accident.
That is not standard practice at larger firms. It is here.
Experience that knows this territory.
Patrick has been practicing Texas personal injury law since 2000 and opened Toscano Law Firm in 2010 specifically to offer a more hands-on approach to each case. He has handled hundreds of injury cases across South Texas, including against some of the largest insurance companies and corporations in the state. His results have qualified him as a member of the Million Dollar Advocates Forum — a prestigious group of U.S. trial lawyers who have recovered million and multi-million dollar verdicts and settlements for their clients.
We know San Antonio.
Patrick is a San Antonio native and a graduate of the University of Texas at San Antonio. He came back to this city to serve the community he grew up in. We serve clients across all of South Texas, including San Antonio, New Braunfels, San Marcos, Laredo, Eagle Pass, Carrizo Springs, and Crystal City. We also offer bilingual service in English and Spanish.
No fees unless we win.
We handle all car accident cases on a contingency basis. You pay nothing upfront. If we don’t recover compensation for you, you owe us nothing. For a full explanation of how our no win, no fee promise works in practice, including how fees are calculated from your settlement, visit that page before your consultation.
What Our Clients Are Saying
I was involved in a rear-ended collision and injured my neck and lower back. Patrick contacted several specialists to find the best treatment for my injuries. Patrick then sued the trucking company as my medical bills piled up. He was relentless as he negotiated with various adjusters and defense attorneys. My case was resolved and a great settlement was reached.
I was hesitant to contact a lawyer about being rear ended in a vehicle accident. Patrick’s team took care of the rest! I made it to all my rehab appointments and now I’m back to 100%! In addition to providing excellent customer service, Patrick fought for more compensation for me and my family than I expected from the insurance company.
I saw Patrick Toscano’s page and that he gave his personal phone number. He — not his assistant nor his secretary — answered immediately. After a short discussion, he told me what he could do for me then suggested we meet at MY convenience: no appointment, no having to wait, he was ready to help me right away. When I met him at his office, he had already started the necessary paperwork.
Frequently Asked Questions
How Much Is the Average Car Accident Settlement in Texas?
There is no single “average” that applies to every case. Car accident settlements in Texas can range from a few thousand dollars for minor property damage to well into the six or seven figures for serious injuries. The value of your case depends on the severity of your injuries, the cost of your medical treatment, how long you were unable to work, and whether the at-fault party’s conduct was especially reckless.
What we can tell you is that insurance companies almost always start with an offer that is lower than what your case is actually worth. That first number is a negotiating position, not a fair assessment. One of our car accident cases resulted in a $530,000 recovery for a client who suffered multiple fractures. Every case is different, but that example shows why it matters to have a lawyer who understands how to value a claim properly and fight for the full amount.
Should I Talk to the Other Driver's Insurance Company?
Be very careful. The other driver’s insurance adjuster may contact you within hours of the crash. They may sound friendly and concerned. But their job is to protect their company’s bottom line — not yours. Anything you say in a recorded statement can be used to reduce your claim. Phrases like “I feel fine” or “it wasn’t that bad” can come back to haunt you later, especially if symptoms develop in the following days.
Our advice: give the adjuster your name, contact information, and the date and location of the accident. Do not discuss your injuries, do not speculate about fault, and do not sign anything. Then call a car accident lawyer who can handle those conversations for you.
What If I Was Partially at Fault for the Accident?
You may still be able to recover compensation. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001.⁴ As long as you are 50% or less at fault, you can recover damages — though your award will be reduced by your percentage of fault. If you are found 51% or more at fault, you are barred from recovering anything.
Insurance companies often try to assign partial blame to the injured person specifically to reduce what they owe. Having a lawyer who can investigate the crash and push back against unfair fault allocation is one of the most important steps you can take.
How Long Does a Car Accident Case Take to Resolve?
It depends on the complexity of your injuries and how cooperative the insurance company is. Some straightforward cases settle in a few months. More complex cases — especially those involving serious injuries, disputed liability, or multiple parties — can take a year or longer.
We never pressure clients to accept a settlement before it’s ready. Our goal is to resolve your case as efficiently as possible while making sure the final number actually reflects the full impact of what happened to you.
What Is an ICD-10 Code and How Does It Affect My Claim?
ICD-10 codes are standardized medical codes that doctors use to classify injuries and diagnoses. After a car accident, the codes assigned to your injuries appear in your medical records and are used by insurance companies to evaluate the severity and expected cost of your treatment.
The wrong code — or a vague one — can make your injuries look less serious than they actually are, which can directly affect your settlement value. If you’ve received medical treatment after a crash and want to understand what your records say, our guide on ICD-10 codes for motor vehicle accidents breaks it down in plain language.
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Citations
¹ Texas Department of Transportation (TxDOT). 2024 Motor Vehicle Traffic Crash Facts — Crashes and Injuries by County. Bexar County data. https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html
² Texas Department of Transportation (TxDOT). 2024 Motor Vehicle Traffic Crash Facts — Statewide Summary. Data processed as of April 9, 2025. https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html
³ City of San Antonio. Vision Zero Crash Map. Public Works Department. https://gis.sanantonio.gov/TCI/VisionZero/index.html
⁴ Texas Civil Practice and Remedies Code § 33.001. Proportionate Responsibility. Chapter 33: Proportionate Responsibility.
⁵ Texas Civil Practice and Remedies Code § 16.003. Two-Year Limitations Period. Chapter 16: Limitations.
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