Do You Need a San Antonio Truck Accident Attorney?
Collisions involving commercial vehicles often result in more severe injuries and economic losses than standard car accidents. While insurance policies are designed to compensate victims for their pain and suffering, securing a full and fair settlement can be challenging.
Alpha Accident Lawyers recognizes the significant impact such personal injury accidents have on victims' lives. Our experienced San Antonio personal injury lawyer are dedicated to protecting their rights and getting them the maximum financial recovery.
No-Fee Guarantee and Free Consultation
Truck accident cases can be intricate, even when fault appears evident. This is why our personal injury law firm offers a free consultation. During the case evaluation, we will discuss the complexities and potential hurdles encountered during the claims process.
By doing so, victims can make informed decisions, regardless of whether or not they choose to retain the services of our truck accident lawyers. We also operate on a contingency fee basis, ensuring clients incur no upfront costs. This makes our award-winning services available and affordable without financial risks.
Do not become subject to the tactics of the insurance company. Schedule a no-obligation consultation to discover how we can prepare your case for success.
Understanding What Causes Trucking Accidents
It is important to understand the severity of motor vehicle accidents involving large commercial trucks, like 18-wheelers, big rigs, and tractor-trailers, inflict on victims. These truck accidents are preventable but often result from the negligence of one or more parties, which can be exhibited in the following ways:
- Under the influence–drunk driving, fatigued driving
- Reckless driving–speeding, swerving, not signaling
- Distracted driving–texting, eating, GPS usage
- Disobeying traffic laws
- Disobeying trucking regulations
- Lack of training
- Improper loading or securement
- Overloaded cargo
Proving Negligence
The at-fault party may be identified based on what caused the truck accident. This may consist of one or more of the following: truck drivers, the trucking company, the loading company, the truck owner, the vehicle/vehicle parts manufacturer, or another party.
Negligence, in the legal sense, may be proven by establishing the following four factors:
1. Duty of Care
It must be indicated that the defendant owed the victim a duty to act in a reasonable manner that another party would have under similar circumstances.
For example, trucking companies owe a duty of care to follow all state and federal regulations to avoid causing truck accidents.
2. Breach of Duty
It must be indicated that the defendant breached their assigned duty by failing to exercise reasonable care. This can be exhibited as traffic violations or engaging in other activities that endanger others.
For example, a truck driver transporting cargo and not stopping at a weigh station to ensure the 80,000-pound weight limit has not been exceeded would be breaching their duty of care.
3. Causation
It must be indicated that the breach of duty caused the personal injury accident. Direct or circumstantial evidence must be provided to show that the defendant's actions were reasonably likely to cause the injury.
For example, a truck's cargo that is not adequately secured by the loading company and spills onto the roadways, resulting in a pile-up, may be viewed as the direct cause of the incident.
4. Damages
It must be indicated that the defendant failed to uphold the assigned duty of care, and the plaintiff suffered damages.
For example, a plaintiff who suffered economic damages, like medical bills, and/or non-economic damages, like physical pain and suffering, due to a truck accident can be compensated in a successful personal injury lawsuit.
Seeking Maximum Compensation from the At-Fault Party
A San Antonio truck accident attorney from Alpha carefully evaluates every case to maximize its value, taking into account the full extent of losses, including economic damages and non-economic damages.
Economic Losses
These are quantifiable damages, often proven through invoices, receipts, and other expenditures. Common examples include, but are not limited to:
- Current medical bills
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
Non-Economic Losses
This accounts for intangible damages and is not as simply quantified as financial losses. However, they are still justifiable, with common examples including:
- Physical and mental pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium or companionship
The Unique Nature of Truck Accident Cases
Multiple factors complicate the claims process when a “large truck” or commercial truck is involved. Unlike a standard pick-up truck, commercial motor vehicles (CMVs) are subject to strict regulations established by the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (USDOT).
These guidelines essentially list the maximum vehicle weight and size, how cargo may be transported, and the working conditions of truck drivers. These details matter, because when the safety requirements are ignored or overlooked, preventable truck accidents happen.
Fault will vary between all involved parties based on which regulations were not adhered to. This may include the trucking company, the truck driver, or a third party. A large corporation's involvement in a truck accident will complicate the case proceedings, making it more difficult for personal injury victims to recover fair compensation.
This is where an experienced truck accident attorney can help.
Investigating San Antonio Truck Accidents and Gathering Evidence
Another unique aspect of truck accident cases is the types of substantial evidence needed to prove fault on the other party.
For instance, proving the trucking company was negligent will require collecting records that indicate the vehicle was up-to-date with inspections and overall maintenance. Failure to ensure the functioning conditions of a commercial truck will result in being held liable for damages.
How Black Box Data Determines Fault
Another common cause of truck accidents is truck driver liability. This can be linked to reckless driving (speeding, distracted driving, fatigued driving, etc.), failure to take state-mandated rest periods, or overall inexperience.
According to the Federal Motor Carrier Safety Administration, commercial trucks must have electronic data recorders (EDRs) or black boxes that track vehicle movement and can be reviewed to determine why the truck crash occurred.
This reveals discrepancies between a truck driver's logbook and actual driving patterns, helping identify violations of labor laws and driving regulations, such as exceeding speed limits or driving for excessive hours.
Obtaining this information will require a court order, and because it can be incriminating to the trucking companies, it is often difficult to get a hold of. However, an experienced legal team that has worked on San Antonio truck accident cases will have experience efficiently retaining these records.
Dealing with Trucking Company Insurance
In addition to the unique complexities of filing a truck accident claim, injured victims will also be forced to endure dealing with the insurance carriers of the trucking companies.
To evade liability and reduce personal injury claim values, these insurance adjusters will enforce deceitful tactics. This can entail the following practices:
- Insincere Empathy:
Appearing to be remorseful without admitting fault to reach a quick settlement - Pressing Shared Fault (Comparative Negligence):
Shifting blame on other parties or the plaintiff to reduce the compensation owed - Delays:
Creating delays so that the two-year Texas statute of limitations expires - Claim Denial:
Rejecting claims based on policy exclusions or "improper paperwork" to discourage further claim pursuit - Minimize Severity of Damages:
Diminish the seriousness of catastrophic injuries and other losses sustained from truck wreck
San Antonio truck accident lawyers are wary of such tactics. When working with an experienced legal team, victims will be protected from the insurance companies.
The Risks of Not Working with a San Antonio Truck Accident Attorney
It’s important to note that not all personal injury cases require legal representation. However, truck accident cases are not a typical personal injury case.
Following a trucking accident, insurance companies often attempt to minimize the value of personal injury claims by blaming the victim or minimizing the severity of damage. In some cases, the insurance company may deny the claim entirely.
Working with an experienced truck accident lawyer maintains the integrity of a case by proving fault through an in-depth investigation and collection of sufficient evidence.
Furthermore, a compassionate law firm will protect the rights of their clients, ensuring fair treatment throughout the legal proceedings.
Expertise in Texas Truck Accident Laws
Working with a capable personal injury attorney who specializes in truck accident laws not only increases the likelihood of a case win, but the value of the claim increases as well. Here is what Alpha Accident Lawyers offers to our clients:
- Thorough Accident Investigation:
We conduct an on-hand investigation to gather evidence, including police reports, witness statements, photographs of the accident scene, black box data, and truck maintenance records. This builds a strong foundation for proving liability. - Seasoned Negotiations:
Our skilled legal team will manage all communication with the opposing insurance company, ensuring that only a fair settlement offer is made. This protects the integrity of our clients’ cases throughout the negotiation process. - Identify and Prove Liability:
We carefully analyze the cause of the truck accident and identify all potentially liable parties, including the truck driver, trucking company, parts manufacturer, loading company, and any other involved parties. Truck accident claims will be strategically filed based on this analysis. - Damage Assessment:
Based on our investigation, we calculate the economic and non-economic losses, including lost wages, medical expenses, pain and suffering, and future medical needs, to ensure full and fair compensation is recovered. - Strategic Legal Representation:
We handle all legal filings, court appearances, and administrative tasks, allowing our clients to focus on their recovery. During the legal process, we will consistently deliver professional guidance that promotes our clients’ best interests.
Professional Legal Guidance + ZERO Upfront Costs
If you or a loved one has suffered injuries and other damages, our experienced truck accident lawyers in Texas can help.
At Alpha Accident Lawyers, we offer a free case evaluation to discuss legal options and offer insight into the case proceedings when the trucking industry is involved. Our dedicated legal team represents clients across the entire state of Texas with other locations in:
We work on a contingency fee basis, meaning clients never incur any legal fees unless we secure a successful case outcome. Schedule a free case evaluation today to learn more about our award-winning law firm and how we can help you recover the maximum settlement you deserve.
Alpha Accident Lawyers — San Antonio, TX
Address: 118 Broadway Suite 534, San Antonio, TX 78205
Phone: (726) 610-3212
