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December 14, 2019

San Antonio Truck Accident Lawyer

When you’re injured by a commercial truck driver, the damage can be extensive, and you may be struggling to recover fully. Reach out to a San Antonio attorney to guide you through your injury claim.

Although 18-wheelers are a convenient way to ship goods all over the country, driving on the same roads with them can be frightening. These big rigs are several tons heavier than your vehicle, not including their shipments. This kind of weight means the driver can’t stop and turn as easily as other vehicles, which increases the chances of a deadly accident.

If you’re facing serious injuries because a semi-truck driver wasn’t careful, you might need to enlist the help of a Crain Lewis Brogdon, LLP attorney for your claim. Your San Antonio truck accident lawyer can help you fight for the maximum compensation you deserve for your damages and injuries.

Causes of 18-Wheeler Accidents

When you’re in a big rig crash, it’s important to speak with your San Antonio lawyer about what caused the accident. Often, the cause can help them identify who’s responsible for the damages you’ve suffered.  

Below are some of the more common causes of truck accidents:

  • Drowsy Driving – Often, truck drivers put in more hours than recommended to meet tight delivery deadlines. That means they might be driving while they’re sleepy, and that can make them more likely to drift into your lane or fail to stop in time to avoid a collision.
  • Distracted Driving – These drivers might also try to cut down on breaks by using their phones, eating, or otherwise driving distracted. When that happens, they might be unprepared to avoid a truck accident.
  • Driving Under the Influence – Drunk driving is a major cause of fatalities on the road. Avoid driving near these trucks if they show signs of driving under the influence, such as swerving, sudden lane changes, or extreme speed fluctuations.
  • Inadequate Training – Although the big rig driver has a commercial drivers license, they might not have received the full training they needed for the job. That means they might be unprepared to take control in an unpredictable situation.
  • Defective Parts – In some cases, it’s not the truck driver’s fault. When a part malfunctions, the driver might have lost control because the manufacturer didn’t ensure the part’s safety, or the mechanic was careless during a regular tune-up.

Identifying the Responsible Party in a Big Rig Wreck

When you’re injured and seeking compensation, finding the person responsible for your injuries is important. Because Texas is a fault state, the person responsible for causing those injuries is often the one financially responsible for the damages. As such, when a driver hits you, they should pay for the damage they caused.

However, because you’re dealing with a truck driver, your situation might not be so simple. Remember that they’re not just driving for pleasure; they’re driving because it’s their job. The driver is on the clock while on the road, and the accident might not be their financial responsibility.

Instead, the driver’s employer might be liable for your injuries, meaning you’ll need to file your claim against the company, not the individual. Because the company is responsible for training and management, they should be responsible when one of their employees makes a mistake while performing within the scope of their job.

It can be difficult to determine the liable party for your claim. If you’re unsure whether the driver is responsible, or who you should bring a civil claim against, reach out for help from your Texas lawyer.

Your Insurer Might Not Help You

When you’re badly injured by an 18-wheeler crash, finding the person responsible for your injuries is important. They’ll also be financially responsible for all the damages you’ve suffered. However, you also have the option to file a claim with the insurance company, who can then pursue compensation from the other party on your behalf.

Unfortunately, insurance companies are for-profit businesses, and truck accidents are expensive. That means that the insurance provider might be unwilling to offer you the full settlement you deserve.

If the insurer offers you a lowball settlement—an offer that doesn’t cover your expenses properly—you can write a demand letter. This statement should detail the damages you’ve suffered, proving that you know the full and true value of your claim. Unfortunately, the insurer might still refuse to cooperate.

If so, you’ll need to fight for your funds by filing a lawsuit for your damages. Your recovery requires compensation, and your San Antonio semi-truck accident attorney can help you secure it.

Your Semi-Truck Crash Compensation

Semi-trucks are large, heavy, and nearly impossible to stop quickly. The injuries and damages you sustained for your 18-wheeler wreck are likely devastating. This level of destruction comes with an expensive bill. You’re looking at medical costs for your recovery, as well the cost of repairing or replacing your vehicle.

In a motor vehicle accident claim, there are two types of damages to consider: economic and non-economic. Economic damages are those financial impacts the accident brought about in your life. This might include lost wages while you’re unable to work, for example. This types of damages is fairly easy to calculate, as they usually appear with a bill.

However, you’ll also need to seek compensation for the mental and emotional suffering you’ve been through. Because damages such as pain and suffering aren’t tangible, however, you’ll need special tools from your lawyer to calculate them.

If you’ve been injured by a truck driver in Texas, reach out for help calculating the full and true cost of your injury claim. For example, your damages might include one or more of the following:  

  • Current and future medical expenses
  • Lost income
  • Property damage
  • Emotional trauma
  • Pain and suffering
  • Loss of consortium

Texas Laws Affecting Your Claim

When you’re preparing to bring a civil lawsuit against the at-fault party, keep in mind that you’ll need to do more than simply file your claim. You’ll also need to consider the Texas laws and statutes that could affect your claim.

For example, you’ll need to keep track of how much time has passed since your semi-truck wreck. In Texas, you’ll only have two years from the accident date to file your claim. If you don’t act in time, you could be barred from recovery, leaving you to cover the accident-related bills on your own.

Once you’ve filed your claim, you’ll also need to consider how the defense will fight back. They don’t want to pay for the expensive and devastating damages a truck accident causes, which means they’ll try to diminish the total compensation amount. Through modified comparative negligence, your compensation can be reduced by the amount of fault they pin on you.

For example, the defense might claim that you were adjusting the radio when the accident happened. If you don’t dispute this claim, the judge might decide that you were 15 percent at fault. That leaves you with only 85 percent of your compensation, which can translate into thousands of dollars that could be vital to your full recovery.

If you’re found responsible for more than 51 percent of the accident, your claim could be dismissed, and you could be unable to recover any compensation.  

Talk to a Lawyer After Your San Antonio Crash

When you’ve been injured by a negligent truck driver, you might have a difficult time overcoming your injuries. Severe injuries are common in 18-wheeler wrecks. Expenses accrue quickly, and the associated trauma can have overwhelming and lasting effects. You might be wondering what your next steps should be.

Seek out the help of a lawyer from Crain Lewis Brogdon, LLP. When you’re severely injured in a truck accident, a Texas attorney can help you secure the maximum compensation you deserve. You can focus on recovering from your injuries while we focus on achieving a positive outcome for your injury claim.

Ready to get started? Reach out to schedule your free consultation. Your San Antonio truck accident lawyer can review your claim and explain what we can do to help. To begin, reach out by dialing 214-522-9404 or by completing the online form below.