If you were just in a wreck in San Antonio or anywhere in Texas and you’re wondering, “Do I even have a case?”, this quick guide is for you. Below are seven fast thresholds our team uses in early case reviews, a practical take we use across our Legal Concepts hub to help readers speak the same language. If you pass several of these, it’s a strong sign it’s worth speaking with an attorney. This isn’t legal advice; it’s a practical checklist to help you move from confusion to clarity.
1) Injury that needed real medical care
If you sought treatment (ER, urgent care, PCP, chiropractor) or have documented pain, imaging, or a treatment plan, you’ve cleared the first bar. Soft‑tissue injuries, concussions, fractures, or aggravated pre‑existing conditions count when documented. Keep records: intake forms, discharge summaries, prescriptions, referrals, and follow‑up notes. The more consistent your care, the stronger the connection between the crash and your injuries — and it pairs well with this quick guide on medical care after an accident to avoid common gaps.
Green flags
- Same‑day or next‑day medical visit
- Imaging (X‑ray/CT/MRI) or specialist referral
- Documented restrictions that affect work or daily life
2) Liability that’s more likely than not
Texas follows a modified comparative fault system. If the other driver is mostly at fault and you’re at or under 50% at fault, you may still recover damages; if you’re over 50%, recovery is barred. Police reports, bodycam notes, 911 audio, dashcam or traffic‑cam video, vehicle damage patterns, and witness statements help establish fault. Traffic violations (red‑light runs, following too closely, unsafe lane changes, or even driving too slowly for conditions) can tip the scale. For a deeper primer on how percentages matter, scan our explainer on comparative fault in Texas in the middle of your evidence review, and don’t overlook distracted driving claims when phone use is suspected. Also note that national crash trends in NHTSA’s FARS data portal show how certain behaviors increase risk.
Quick evidence to gather
- Crash report number and responding agency
- Photos/video of the scene and vehicle damage
- Names and numbers of witnesses
Tip: Save any dashcam footage immediately and back it up in the cloud.
3) Insurance coverage exists (and is enough)
Texas minimum auto liability is often called 30/60/25: $30,000 per person for bodily injury, $60,000 per crash total for bodily injury, and $25,000 for property damage. That may not fully cover hospital stays or lost wages after a serious crash. Your own policy may include UM/UIM (uninsured/underinsured motorist) and PIP/MedPay, which can be critical if the at‑fault driver is uninsured or under‑insured. Mid‑paragraph reality check: review our guide to Texas insurance limits and how uninsured motorist coverage steps in when the other driver has little or no insurance. If your insurer claims you rejected UM/UIM, they usually must show a signed rejection.
What we look for
- At‑fault driver’s insurer and limits (policy declaration page if available)
- Your UM/UIM, PIP, and MedPay limits
- Commercial policies if the other vehicle was a work truck or delivery vehicle
4) You’re within the filing deadline
For most Texas crash‑related injury claims, the standard statute of limitations is two years from the date of the crash (there are exceptions). Missing this deadline can end your claim, even if liability is clear. Cases involving government entities often have much shorter notice deadlines, sometimes within months. To stay ahead of the clock, read our overview of the statute of limitations in Texas while you’re gathering records.
Clock check
- Mark the crash date on a calendar
- Track all claim communications
- Talk to a lawyer early so investigation doesn’t lose steam
5) Clear damages that can be proven
To move a claim forward, we need provable losses. That includes medical bills, future care, lost wages, diminished earning capacity, out‑of‑pocket costs (towing, prescriptions, assistive devices), and non‑economic harms like pain, physical limitation, and loss of enjoyment. As you organize proof, our primer on types of damages and this quick note on lost wages in injury cases can help you frame documents the way adjusters expect. Photos of bruising or swelling, a pain journal, and statements from family or co‑workers can help document the day‑to‑day impact.
Documentation that helps
- All medical records and billing statements (UB‑04/HCFA where applicable)
- Employer letters, paystubs, or 1099s to show missed work
- Repair estimates, total‑loss valuations, and rental receipts
6) Evidence is preserved (or can be recovered)
Great cases are built on timely evidence. Act fast to preserve:
- Vehicles before repairs or salvage (for crush analysis and downloads)
- Event Data Recorder (EDR) / airbag module data
- Security footage from nearby homes or businesses
- Telematics or app trip data (Uber/Lyft, delivery apps, Tesla app)
- Phone records if distracted driving is suspected
If a commercial vehicle is involved, prompt preservation letters help lock down driver logs, GPS, maintenance files, and hiring/training records. When rideshare drivers are involved, check our guide to rideshare accidents in San Antonio for insurer coordination tips.
7) The crash fits a pattern that insurers take seriously
Certain fact patterns tend to move the needle with adjusters and juries:
- Rear‑end at stoplights with clear property damage
- Left‑turn liability with independent witnesses
- DUI/DWI indicators or citations
- Commercial vehicle collisions or delivery drivers on the clock (start with our truck accident overview)
- Multi‑car chain reactions with consistent statements
When multiple thresholds stack up — documented injuries, favorable fault facts, valid coverage, good evidence, and timely filing — your case has traction.
Quick self‑check: Do I likely qualify?
Ask yourself:
- Did I get medical care and follow up?
- Do facts and evidence point to the other driver being mostly at fault?
- Is there liability insurance (and do I have UM/UIM or PIP)?
- Am I still within two years of the crash date (and any earlier notice deadlines)?
- Can I show my damages with paperwork and consistent treatment?
- Do I, or my lawyer, have a path to preserve or obtain evidence?
If you answered “yes” to several, talk to a lawyer. For a quick gut‑check before you call, consider calling us for a short consult to align evidence and coverage early. Even a short consult can change the trajectory of your claim.
FAQ: quick answers
Do I need the other driver’s insurance info to start?
No. Start medical care, get the crash report number, and call us. We’ll open claims and hunt down coverage.
What if I was partly at fault?
Texas’ 51% bar still allows recovery if you are 50% or less at fault. Your compensation is reduced by your percentage of fault.
Should I post about the crash on social media?
No. Posts are routinely scraped and used against you. Keep updates private and share details only with your lawyer and doctors.
Can undocumented Texans make a claim?
Yes. Immigration status does not prevent you from pursuing an injury claim in Texas courts.
What if the adjuster says I “don’t need a lawyer”?
Adjusters protect their companies. A quick consult clarifies value, deadlines, and traps to avoid.
What can hurt an otherwise good claim?
- Long treatment gaps or missed follow-ups
- Inconsistent stories about how the crash happened
- Signing medical authorizations that are too broad
- Delaying preservation of video, EDR, or vehicle inspections
- Posting photos or comments online that contradict your injuries
Your next 48-hour checklist
- Get medical care and follow provider instructions.
- Photograph injuries, vehicles, and the scene.
- Save dashcam footage and ask nearby businesses for copies.
- Write a short timeline while details are fresh.
- Call (210) 404-4878 for a free case review or visit ericramoslaw.com.
Every crash is unique. Early choices , getting care, saving records, and calling a lawyer , can make or break a claim. If you’re unsure where you stand, reach out. We’ll walk you through these thresholds in a clear, no‑pressure case review and tell you honestly whether we can help.
How Eric Ramos Law, PLLC helps
Our team handles the heavy lifting so you can heal. We investigate liability, secure video, EDR, and witness statements, calculate full damages, and coordinate your medical documentation. We also identify all coverage, including UM/UIM and any commercial policies, manage adjusters and deadlines, and file suit when needed. If negotiations stall, we follow a proven settlement process and keep your file trial‑ready from day one to encourage fair settlement.
Free case review: Call (210) 404‑4878, visit Eric Ramos Law, PLLC, or stop by 7979 Broadway #207, San Antonio, TX 78209.
No upfront fees. We’re paid only if we win compensation for you.