San Antonio Truck Accident Lawyers
CALL (800) 863-5312 TO SPEAK WITH A SAN ANTONIO TRUCK ACCIDENT LAWYER FOR FREE
These big rigs can weigh almost 80,000 pounds when fully loaded, potentially making them a very dangerous weapon on the highway.
If you were hurt in a trucking accident, the San Antonio truck injury lawyers at Zinda Law Group are here to help. We will fight to achieve the best outcome for your case and to get the compensation you deserve. If we don’t win, you pay us nothing. Call (800) 863-5312 today to receive your free attorney consultation.
COMMON CAUSES OF TRUCK ACCIDENTS
When it comes to traffic accidents, those involving 18-wheelers are often the worst. In 2019, there were over 2,700 crashes involving commercial motor vehicles in Bexar County. Meanwhile, Texas suffered 664 fatalities involved in accidents with large trucks in 2018, according to the Federal Motor Carrier Safety Administration. In 2018, Texas led the nation in trucking accident fatalities, with more than double the second-leading state of Florida.
As a major city located near the Mexico border, San Antonio has a high number of large commercial trucks driving through the city at all times of the day. Whether driving on I-10, one of the busiest highways in the United States, or Loop 410 around San Antonio, these large trucks may often be involved in serious accidents. Other dangerous interstates for trucking accidents in the San Antonio area include I-35 and I-37.
Some of the most common causes of trucking accidents in San Antonio include:
According to the Federal Motor Carrier Safety Administration (FMCSA), distracted driving is a leading cause in most truck driving accidents. Common causes of distracted driving include talking or texting on the phone, eating while driving, reaching for a dropped object in the cab, or any other distraction that takes the truck driver’s attention from the road.
Truck drivers who are fatigued and not paying attention may cause a deadly accident. The FMCSA requires commercial truck drivers to follow “hours-of-service rules” that specify how many hours a driver may operate a truck before being required to rest. However, trucking companies may often pressure drivers to ignore these rules to deliver their cargo quicker.
Occasionally, a truck driver may drive while under the influence of alcohol or drugs. Intoxicated driving poses a serious danger to others on the road no matter what vehicle the intoxicated driver is in, but this risk is exponentially increased when the driver is in control of a large commercial truck with its incredible size and force.
Blowouts are dangerous no matter the vehicle, but especially for a large truck or tractor-trailer, when the blowout may cause the driver to lose control of the truck and crash into one or more other vehicles. With the truck’s size and force, the consequences of a collision may be devastating. These blowouts may occur due to a failure to properly change the tires when necessary, or tire defects in some cases.
There are many different types of truck accident claims, so it is important to be aware of the differences involved. By speaking to an experienced attorney, you can determine how the specifics of your accident affect your claim and determine your next steps. If you can prove that the truck driver was at fault for the accident, you may be entitled to claim compensation from them.
FILING A TRUCK ACCIDENT LAWSUIT
Filing a lawsuit can be confusing and frustrating. Being the victim of a truck accident only adds to this stress. If you find yourself in this situation, there are some important steps you may want to consider:
1. Meet with Your Lawyer
An experienced commercial truck accident attorney in San Antonio may help you understand your legal options. With Zinda Law Group, if you cannot or prefer not to come to our office, we can come to you and help you from a place of your choosing. Zinda Law Group offers free consultations, including virtual consultations during the COVID-19 crisis.
Your attorney may then investigate your accident to gather evidence to support your claim, such as photographs, witness statements, police reports, and other evidence.
3. Case Settlement
Your lawyer may negotiate with the insurer to settle your claim and avoid the expenses of trial. If successful, your lawyer will talk you through the next steps in receiving your compensation.
WHO SHOULD I SUE FOR A TRUCKING INJURY?
If you are the victim of a truck accident, you may be wondering who is at fault and who you can sue. With trucking accidents, there are usually three options:
- Truck driver: In many cases, you may be able to sue the truck driver if the driver was responsible for causing your trucking accident.
- Trucking company: The driver’s employer or the company that owns the truck may also be held liable for the accident if the driver was operating the truck within the scope of their employment or if the trucking company failed to maintain safety standards.
- Vehicle manufacturer: You may also be able to sue the vehicle manufacturer if a vehicle defect caused the accident, but these claims may often be more complex and require the help of an experienced truck accident attorney.
WHAT CAN HELP A TRUCK ACCIDENT ATTORNEY WIN A CASE?
If you decide to move forward on a truck accident claim, it is important to understand what negligence means and what your attorney will work to prove to show that the accident was not your fault. However, there may often be helpful information or evidence that may help your attorney win your case, such as:
Trucking Company Schedule
The trucking company may provide a proposed schedule for the driver’s trip, which may often pressure the driver to speed or drive recklessly or violate the FMCSA’s “hours-of-service” rule by driving too long without sufficient rest. This schedule may help your attorney prove the company’s pressure which may make the trucking company liable for the accident in addition to the driver.
The freight bill, similar to a bill of lading, may contain helpful information, such as a description of the freight charges, any special instructions to the driver, and the general expected route of the trip. This information may help prove the company gave special instructions to the driver which encouraged negligent behavior by the driver, or it may also prove that the driver was behaving negligently at the time of the accident by taking a detour or other side trip during the route.
Driver scorecards have greatly advanced in terms of technology and usefulness for drivers to correct negligent driving behavior and avoid accidents. These “scorecards” may record examples of reckless driving such as hard braking, rapid acceleration, speeding, rolling stops, running a red light, or other negligent behavior. This data may help your truck accident attorney in San Antonio prove that such behavior was the cause of your trucking accident.
Electronic Logging Device (ELD)
The FMCSA requires millions of commercial truck drivers to use electronic logging devices (ELDs) to maintain a Record of Duty Status (RODS) to easily track their compliance with the FMCSA’s “hours-of-service” rule. The ELD connects to the truck’s engine to record whether the truck is in motion, allows the driver to record drive segments. In addition to helping prevent trucking accidents, this device may also be useful in proving a driver’s negligence in the event of an accident, such as by proving that the driver failed to take required rest stops.
WHAT COMPENSATION MAY I BE ENTITLED TO FOR INJURIES OR DAMAGE?
Victims of trucking accidents may receive compensation for damages or injuries they sustained in the accident. This compensation may include economic and non-economic damages. If it is proven that a party was negligent, the victim may be entitled to:
- Medical expenses
- Future medical expenses
- Vehicle repairs
- Lost income and future income
- Physical and emotional pain and suffering
- Change in lifestyle
- Loss of enjoyment of life
To determine what compensation you may be entitled to, speak with your attorney and they can help you estimate the value of your case. Your attorney may also help you understand the legal time limits that may apply to your claim. Every state has a different time limit by which you have to file your personal injury lawsuit. These time limits are called statutes of limitations. In San Antonio, per Texas state laws, the statute of limitations for such claims is two years from the date of the injury to file a lawsuit in court. If you find yourself confused about how this time limit affects your specific case, speak with your lawyer. They may be able to help you piece together a timeline of events and determine how long you have left to file your claim.
DEALING WITH INSURANCE COMPANIES
If you are the victim of an accident with a truck or commercial vehicle, you may need to contact your own insurance company or the insurance company of the truck. When dealing with insurance companies, it is important to remember their top priority: making money. Anything you say to them, they will have recorded and prepared to use against you when the time comes for compensation.
One of the most important things to remember when talking to insurance companies is never to admit fault. By admitting fault, you may be losing your claim before it has even begun.
Your attorney may be experienced in dealing with truck company insurance companies. Before negotiating with them, they may work to build the most persuasive case possible and have all the necessary documentation to bolster your claim so that you can seek what you are entitled to. These documents may include pictures, statements, and financial records relating to the accident.
GET HELP FROM A SAN ANTONIO TRUCK ACCIDENT LAWYER
If you or a loved one has been injured in a trucking accident, contact the Texas truck accident lawyers at Zinda Law Group of San Antonio today. Our truck accident lawyers have the experience and in-depth knowledge of the law needed for these types of claims. It takes hard work and perseverance to prove the negligence of a truck driver, but our San Antonio injury attorneys are up for the task and want to help you seek the maximum compensation you deserve.
Zinda Law Group has been helping Texans for years with truck injury cases. Our attorneys may advise you of your rights and help you understand the process of filing a claim. An experienced 18-wheeler injury lawyer from our firm may help you recover damages like lost wages, property damage, medical bills, and pain and suffering. Our firm is dedicated to giving you high-quality legal representation, and we don’t charge a dime unless we win your case.
Meetings with attorneys by appointment only.