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Trucking accidents are a common occurrence in San Antonio due to its vital importance as a hub in Texas. These accidents can cause significant harm and often require substantial compensation for victims to recover.
If you have been injured by a negligent truck driver, legal options are available to seek compensation. Trucking companies and drivers must follow state and federal regulations to ensure safety, but some ignore these rules for a competitive edge. Remember, you are not responsible for the reckless behavior of a truck driver or company. Our firm is here to support you along every step of your case to ensure that you get justice for your injuries.
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case analysis with our truck accident attorneys.
How Our Firm Can Support Your Truck Accident Lawsuit in San Antonio
Sustaining injury from a truck accident can be a lot to handle. With medical bills, lost income, and other expenses, costs can quickly pile up and amount to tens of thousands of dollars. On top of that, you might also be experiencing pain and distress from your injuries. Our truck accident lawyers are here to assist you in navigating the legal process and ensure that you receive the rightful compensation for your damages. Below are just a few of the services that we provide for our clients in San Antonio:
Gather Evidence
At our firm, we understand the importance of gathering evidence to support your case. Evidence can include photographs of the scene, vehicles involved, damage sustained, and injuries suffered. With this information, we can gauge the severity of the accident. Additionally, witnesses who were present at the time of the event can provide valuable testimony. Police records such as incident reports and photographs taken by law enforcement officers at the scene, as well as any citations issued, are also crucial in establishing liability for the other driver’s negligence.
Our team will thoroughly evaluate the gathered evidence, including your medical records, witness statements, and consult with medical professionals to determine the extent of your injuries. We will then determine the appropriate compensation your case deserves, as well as the percentage of fault to be assigned to each party if multiple parties were involved.
Assess Your Damages
Determining the worth of your case can be challenging after experiencing an injury in a San Antonio truck accident. The insurance company might present a settlement offer that is insufficient, failing to cover all of your damages. However, we can assist you in evaluating the value of your case, ensuring that you receive the necessary compensation. This involves assessing your present losses and anticipating future expenses such as potential surgeries or prescriptions. In addition, you should receive compensation for the time missed from work and any projected loss of earnings during your recovery.
File Your Lawsuit
If you want to recover non-economic damages, such as pain and suffering, mental anguish, and more, it is often necessary to file a lawsuit instead of relying solely on an insurance claim. Our team can help you prepare a complaint based on the evidence you provide, detailing the circumstances of your accident and the injuries you sustained. Once your lawsuit is filed, the defendants and potential witnesses can be questioned further to establish the truth of what happened. If an agreement cannot be reached, pursuing compensation through the courts is typically the only way to receive the full range of damages you are owed.
Parties Commonly Held Liable for Truck Accidents in San Antonio
Determining the responsible party for a truck accident can be challenging, as there might be multiple parties involved. While the truck driver is usually considered liable, the company they work for might also share responsibility. In some cases, it might be necessary to take legal action against a different party to receive compensation for damages. Thankfully, our team of truck accident attorneys has the knowledge and skills to identify the appropriate party to pursue legal action against. Below are the most frequently sued parties for injuries resulting from truck accidents in San Antonio:
Truck Driver
Many truck accidents occur due to the negligence of drivers, which can manifest in various ways. The most common causes of truck driver negligence include distracted driving, fatigue, and driving over the speed limit. Such actions will usually violate both state and federal regulations that restrict the number of driving hours. If an accident occurs due to recklessness, both the driver and their employer might face legal repercussions.
Trucking Company
When a truck driver causes an accident due to negligence, their employer, the trucking company, might be found responsible through “vicarious liability.” This means that if the driver was performing their regular duties at the time of the accident, the company would typically be liable for any injuries resulting from it. For example, if a driver was delivering goods too quickly, both the driver and the trucking company could face legal consequences.
Trucking companies are fully accountable for any misconduct on their part. They must prioritize the safety of their drivers and the public by providing adequate training to all drivers. Additionally, they must conduct comprehensive background checks before hiring drivers to prevent reckless individuals from driving. Moreover, trucking companies must strictly adhere to state and federal trucking regulations that require routine inspections and maintenance of vehicles to ensure their safety and roadworthiness.
If the truck driver is considered an independent contractor, the trucking company is unlikely to be held responsible for any injuries resulting from their actions. Independent contractors are not treated as regular employees in a lawsuit. For instance, Amazon delivery truck drivers are often employed by a local delivery company instead of by Amazon itself. In this situation, Amazon would probably not be sued, but the local delivery company could be held responsible for their driver’s negligence.
Other Third Parties
Accidents involving trucks can happen if the driver is negligent, such as changing lanes without checking first. In these situations, the truck driver might need to swerve to avoid a collision. However, if the driver was speeding, they could also be responsible. Both drivers are accountable for any damages that occur.
Improper loading of cargo during transportation is often due to carelessness or failure to follow regulations by the loading company. Proper loading involves using suitable straps and ensuring the cargo is in contact with other cargo to prevent movement. This is essential for safety reasons and to prevent accidents such as jackknifing or overturning.
Truck accidents can also occur due to faulty or poorly designed parts. If a component such as the brakes or steering malfunctions and causes an accident, the manufacturer or designer of the part could be held liable for any injuries sustained.
Types of Compensation That You Can Claim in a San Antonio Truck Accident Lawsuit
If you have been in a truck accident and have sustained injuries, you are likely eligible for compensation for the damages you have suffered. In San Antonio, damages usually encompass medical bills, lost income, and emotional and physical distress. In addition, depending on the unique circumstances of your case, you might be able to pursue punitive damages or file a wrongful death claim.
Medical Expenses
You will likely face significant expenses for medical care. These costs might include fees for emergency room visits, surgeries, prescription drugs, and other treatments related to your injuries. You can also seek compensation for future medical expenses, not just current ones. It is important to keep thorough medical records, as they will help prove the extent of your damages when the time comes to make your case.
Lost Wages
If you were unable to work because of your injuries, you have the right to seek compensation for the wages you lost during that time. Furthermore, you can also make a claim for any other losses that occurred as a result of having to switch to a job with lower wages or taking time off to attend medical appointments.
Non-Economic Damages
You also have the right to seek compensation for non-economic damages related to pain and suffering. These damages take into account the impact your injuries have had on your daily life, including the pain you feel, emotional distress, humiliation, and other losses. It is worth noting that in Texas, there is no cap on the amount of pain and suffering damages you can recover in a truck accident lawsuit.
Punitive Damages
If someone has committed severe wrongdoing that has caused harm to others, punitive damages might be awarded. These damages are meant to punish the wrongdoer rather than compensate the injured party. They are usually given in cases where the defendant’s actions were especially reckless or malicious, like driving while under the influence of alcohol or drugs.
Regulations Placed On Truck Drivers and Trucking Companies in San Antonio
When driving in San Antonio and throughout Texas, it is crucial for truck drivers and trucking companies to follow both state and Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations are essential in ensuring the safety of trucks on the road, as well as putting measures in place to prevent accidents from occurring. Moreover, they serve as a guideline for determining responsibility in case of a lawsuit against a driver or trucking company. Below are the most commonly violated trucking regulations in San Antonio:
Cargo Securement Regulations
To avoid catastrophic accidents, individuals must adhere to cargo securement regulations. These regulations offer guidance on how to properly load and store cargo for transportation. Loading cargo directly against other cargo and using appropriate straps and tie-downs are necessary to prevent cargo from shifting during transport. Failing to secure cargo can lead to dangerous accidents that can cause the driver to lose control of the truck.
In the event of an accident caused by unsecured cargo, the trucking company or driver might be held liable. However, if a third party loaded the cargo, their negligence might have contributed to the accident and should be taken into account in any legal action.
Maintenance and Repair Regulations
Trucking companies often break FMCSA regulations concerning truck maintenance and repair. These rules require companies to conduct regular inspections and upkeep of their vehicles while maintaining records of these tasks. Before hitting the road, trucks must undergo routine inspections. If a truck accident occurs, our firm can investigate the company’s records to determine the last time the truck was serviced. If the maintenance and inspection logs are missing, we can argue that the company failed to take necessary precautions to ensure the truck’s safety, leading to the accident.
Hours of Service Regulations
The shipping industry has seen a rise in competition due to the surge in delivery services that deliver goods right to people’s doorsteps. However, it has led to some trucking companies and drivers unwillingly flouting regulations that dictate the maximum amount of time they can drive before taking a mandatory break. These regulations are frequently ignored, leading to potential accidents and unsafe driving practices. Federal laws require truckers to maintain a log of their driving hours and limit them to no more than 60 hours in a seven-day period. If any driver violates these regulations, our team can access their logs to determine if they played a part in any accidents.
Evidence Used to Prove a Truck Accident Lawsuit in San Antonio
In order to support your claims, it is necessary to provide relevant evidence to demonstrate your damages and liability of the parties sued. However, when it comes to truck accidents, much of the evidence is lost during the cleanup of the accident scene. This is why it is crucial to take as many photos as possible while at the scene of the accident. Your photos might be the only evidence besides your testimony that verifies the physical damage that occurred.
Trucks are equipped with many sophisticated parts designed for safety, which makes them complex vehicles. If your injuries were caused by a malfunction of any of these parts, our firm can investigate the truck to determine what caused the accident. We can also obtain records from the trucking company that employed the driver to see if a safety inspection was overlooked or if the truck was consistently maintained.
Depending on the type of truck that caused your injury, it might have a “black box.” This is a special device that records information about the truck, such as its speed, when the brakes were applied, and how long the driver was on the road. This information can be used as evidence to support your claim or to contradict the negligent party if they offer different information.
In many cases, there might be little physical evidence to present in your lawsuit. In such cases, truck accident cases rely heavily on the testimony of the victim and witnesses who saw the accident. If the case is complex, an expert will usually be called upon to testify about the cause of the accident.
Our San Antonio Truck Accident Attorneys Can Help
For a free case assessment with our truck accident lawyers, contact The Queenan Law Firm, P.C. at (817) 476-1797.