Collisions with semi-trucks are some of the deadliest on the road. The average semi can weigh up to 80,000 pounds – or exceed this weight with special permits. The immense weight of a semi-truck means it has all the power in a collision with a lighter passenger car. The occupants of the smaller vehicle will almost always suffer the worst injuries. It is the responsibility of the commercial truck company and its drivers to reasonably prevent collisions.
If you were injured in a San Antonio, Texas semi-truck accident, contact the truck accident lawyers at The Law Firm of Aaron A. Herbert, P.C. as soon as possible. The company or another party may owe you compensation for causing your accident. We can help you protect and exercise your rights as an injured crash victim. We will fight relentlessly to bring a negligent party to justice. Initial consultations with our lawyers are free. Call (210) 435-7968 today.
What Makes Us the Right Choice?
- We are personally invested in the wellbeing of our clients and community.
- We provide outstanding legal representation both in and out of the courtroom.
- We have ample trial experience that commands respect from insurance companies.
- We work out a unique approach to each individual case.
- We accept San Antonio semi-truck accident cases on a contingency fee basis.
Do Not Try to Handle a Serious Accident Case Alone
It is even more important to hire an attorney for a truck accident case than a typical car accident lawsuit in Texas. Truck accidents often involve the vicarious liability of a trucking company. These are large and powerful corporations with aggressive legal teams to combat liability. Standing up against a truck company alone could expose you to mistakes such as accepting a lowball settlement offer. Hiring a lawyer, on the other hand, gives you an edge during insurance negotiations. Your lawyer can argue for maximum compensation from the liable party on your behalf.
Common Semi-Truck Accident Injuries
Another key reason to hire an attorney after a semi-truck accident is the catastrophic nature of most of these collisions. An insurance company may not offer the true amount you deserve for a life-altering injury or the death of a loved one. At The Law Firm of Aaron A. Herbert, P.C., we know how to achieve the best possible resolutions for our clients based on their specific situations. We start each claim by talking to our clients about their unique injuries.
- Broken bones
- Internal organ damage
- Permanent loss of a bodily function
- Spinal cord injuries/paralysis
- Traumatic brain injuries
- Lacerations and scarring
- Loss of limb
- Severe burns
- Crush injuries
- Fatal injuries
These are examples of common injuries from semi-truck collisions. If you or a loved one has any type of serious injury, a negligent truck driver or trucking company may owe you compensation. Truck companies will be liable for accidents that involve their negligent drivers or poorly maintained trucks, in most cases. Our attorneys can help you hold a truck company liable for your losses.
Did Negligence Cause Your San Antonio Truck Accident?
In Texas, the tort-based auto insurance system works by holding the at-fault party accountable for its actions. You may be eligible for an insurance settlement for several economic and noneconomic damages if you can prove that someone else negligently caused the crash. Many different examples of negligence commonly cause semi-truck accidents in Texas and around the country.
- Drunk driving
- Distracted driving
- Texting and driving
- Reckless driving
- Following too closely
- Making unsafe lane changes
- Drowsy driving
- Breaking hours-of-service regulations
- Inadequately training drivers
- Failing to maintain trucks
- Breaking cargo securement laws
- Losing cargo loads
Large trucks are difficult to maneuver. They have different stopping distances, braking techniques, blind spots and turn ratios than regular vehicles. If a truck driver negligently fails to properly operate a big rig, he or she could be liable for a resultant accident. An attorney can help you with the burden of proof during a San Antonio truck accident claim. This burden is to establish that the defendant owed you a duty of reasonable care, breached or failed to fulfill this duty, caused your semi-truck accident, and caused the damages you are claiming.
Who Is Liable?
Obtaining compensation for a semi-truck accident in San Antonio requires identifying and naming the correct liable party. In Texas, this party will be the individual or entity most at fault for causing your accident. The rule of vicarious liability, however, may change who you can name as the defendant in your truck accident claim. Vicarious liability holds employers – such as truck companies – responsible for the actions and mistakes of their employees. Although most truck drivers are technically independent contractors, federal law still applies the vicarious liability rule.
Vicarious liability means that if a negligent or reckless truck driver caused your truck accident, you will bring your insurance claim against the truck company, not the individual driver. This is beneficial for you in most scenarios since a trucking company in Texas will have better insurance coverage than an individual driver. The trucking company could also be vicariously liable for the negligence of other workers in the business, such as cargo companies, truck loaders and unloaders, and maintenance crew members. A truck company could also have direct liability for your accident if it was responsible for causing it, such as through improper driver training or poor fleet maintenance.
Some semi-truck accident cases in Texas involve third-party negligence. A third party is someone who was not directly involved in the collision, but who contributed to the cause of the crash in some way. An example is the manufacturer of a defective truck part. If bad brakes caused the truck accident, for example, the manufacturer of the defective product could bear liability for the collision. Other liable third parties for a semi-truck crash include property owners, other vehicle drivers and the City of San Antonio for a dangerous roadway. The lawyers at The Law Firm of Aaron A. Herbert, P.C. can investigate your crash to help you identify the correct defendant(s).
How Can You Prove Negligence?
Once your lawyer determines the defendant(s), he or she will begin work on proving that party’s liability for your semi-truck accident so you can recover compensation. Proving any personal injury case, including a truck accident case, in Texas requires clear and convincing evidence of negligence. The burden of proof for a civil claim is a preponderance of the evidence – enough evidence to prove that the defendant was more than 50% responsible for the plaintiff’s damages.
Hiring an attorney can significantly help you with your burden of proof. Your attorney can act immediately to preserve key evidence for your case, such as submitting subpoenas for the truck’s black box. A black box is a device found on most commercial semi-trucks that records data while the truck travels, such as the driver’s speed and braking patterns. Without a prompt subpoena or Order to Preserve Evidence, a trucking company may destroy this information. This is why it is important to work with a personal injury lawyer from the very beginning of your case.
After your attorney has gathered sufficient evidence of the defendant’s negligence or fault, such as police reports, medical documentation, eyewitness statements, employment records and accident reconstruction information, he or she will present it clearly to a judge or jury. Clear demonstration of evidence can persuade the courts to rule in your favor. If your lawyer succeeds in proving negligence during your semi-truck accident claim, you could recover compensation for many past and future damages.
Compensation Available as a Truck Accident Victim in Texas
At The Law Firm of Aaron A. Herbert, P.C., we know that injured accident victims do not only seek our assistance for financial compensation. We pride ourselves on achieving justice and closure for our clients as well. However, we also recognize how substantially a financial award can help a survivor and his or her family after a serious accident. We work hard on behalf of our clients to secure the awards we believe they deserve. In Texas, a successful auto accident case could pay you for many different damages as an injured victim.
- Economic damages. The tangible losses you experienced in the truck accident; primarily, the financial costs of the accident. These may include vehicle damages, medical expenses (past and future), treatment costs, medications, therapies, lost wages, lost future earning capacity, legal fees, and travel costs.
- Noneconomic damages. The intangible losses you suffered because of the accident. These can refer to any damages that are not financial, such as physical pain and suffering, emotional anguish, post-traumatic stress disorder, inconvenience, lost quality of life, lost enjoyment, and loss of consortium.
- Punitive damages. These are not compensatory damages for making a victim whole again. They are damages specifically to punish the defendant. You may receive punitive damages for a defendant’s intent to harm, malicious intent, fraud, deceit, recklessness or gross negligence.
The value of your semi-truck accident claim depends on the types of damages you suffered, as well as how much the crash impacted your life. If the truck accident gave you severe or catastrophic injuries, you will most likely recover more money than if you only had minor injuries. Our attorneys can give you an honest and accurate estimate of how much your semi-truck accident case might be worth. Then, we can help you negotiate a fair settlement from the at-fault party’s insurance company.
What to Do After a San Antonio Semi-Truck Accident
Take steps to protect your rights as the injured victim of a San Antonio semi-truck accident. From the beginning, the other party’s insurance company will try to find ways to deny your claim. Do your best to create a strong claim to damages by documenting the wreck, collecting evidence, taking photographs and consulting with an attorney. If you need assistance, our lawyers can build your case from the bottom up if we accept you as a client. In the meantime, learn a few critical things to do after a commercial truck accident in Texas.
- Call the police. It is a common mistake not to call the police after an auto accident. Almost all semi-truck accidents, however, are serious enough to warrant a call to 911. The police can document your collision so you can build a stronger claim.
- Request an ambulance. Do not delay emergency medical care. Ask for an ambulance from the scene of the wreck if you think you have injuries. If you are not sure if you’re injured, tell this to the police. Do not confirm you have no injuries before seeing a doctor.
- Collect information. Exchange contact information and names with the truck driver. Take photographs, write down a description of the accident, and take down the truck number and police report number.
- Do not admit fault. It does not matter if you think you caused the truck accident. Do not admit fault, as this could ruin your chances of obtaining any compensation. Instead, wait for the results of an investigation to determine fault. A factor you were unaware of could have been at play.
- Hire a truck accident lawyer. Do not decide to go about your insurance claim alone. Trucking companies can make it very difficult to obtain fair compensation for accidents. Hire an attorney in San Antonio to optimize your chances of a positive case outcome.
The steps you take after a serious semi-truck accident in Texas could make or break your personal injury claim. For the best chances of securing fair and full compensation for your losses, contact an attorney from The Law Firm of Aaron A. Herbert, P.C. as soon as possible after a crash. We can immediately go to work on gathering evidence and building your claim for you. We will answer your questions, work closely with your family during the legal process and fight for maximum compensation on your behalf.
Contact Our San Antonio Semi-Truck Accident Lawyers 24/7
If you suspect negligence caused or was a significant factor in your semi-truck accident in San Antonio, contact our local law firm at (210) 435-7968. During a free case review, we can hear your story and provide trustworthy legal advice. If we believe you have the elements of a claim and take you on as a client, we can move forward with your case using proven legal strategies. Our lawyers can improve your chances of a successful semi-truck accident claim in Texas. Contact us now to learn more.
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