San Antonio Truck Accident Lawyer
When you have suffered serious injuries in an accident involving an 18-wheeler, a San Antonio semi-truck accident lawyer can help you file a personal injury claim to recover compensation for your injuries.
You shouldn’t have to cover the costs associated with your truck crash when the negligence of someone else is what caused it.
At J.A. Davis & Associates, LLP, we are trained to handle the serious fallout of trucking accidents. A San Antonio truck accident lawyer from our firm will be able to place the blame where it should be and successfully enable you to recover your losses.
Assigning Blame in San Antonio Truck Wrecks
Operators of commercial vehicles are the among most common causes of truck accidents in San Antonio. There are four instances in which truckers are most often at fault: distracted driving, drowsy driving, aggressive driving, and driving under the influence.
When a truck driver is focused on something other than the road, he or she is driving distracted. Anything that takes the driver’s focus off of the road is considered a distraction. That could be adjusting the radio station, reaching under the seat for something, using the navigation system, texting while driving, or even having a lively conversation with a passenger.
Fatigued driving is especially dangerous because of the size of commercial trucks. In a split second, the truck can veer off the road or fishtail and hit another vehicle. For this reason, the Federal Motor Carrier Safety Administration requires drivers to have at least thirteen hours between shifts and work no longer than twelve hours in each shift.
Aggressive or Reckless Driving
Speeding, following too closely, and failing to stop at red lights and stop signs are just a few examples of aggressive driving. These behaviors are simply poor judgment calls, and a trucker should know better. Truckers are typically held to a higher standard of driving practices than most other drivers.
Finally, driving while under the influence is both irresponsible and criminal. A truck driver in San Antonio who operated a commercial vehicle with drugs or alcohol in his or her system will face criminal charges and likely lose the privilege of driving a commercial vehicle. That’s in addition to being hit with a substantial demand for compensation in the personal injury claim we’ll file on your behalf.
The attorneys at J.A. Davis & Associates, LLP are dedicated to punishing careless truck drivers for the choices that put thousands of drivers and passengers at risk for injury. Speak with a San Antonio truck wreck lawyer today if you are ready to pursue the compensation you need.
Others at Fault in a Commercial Vehicle Crash
Quite a few people and businesses are responsible for the overall safety of any given 18-wheeler. To begin, the trucking company is often liable for its drivers’ actions. While fatigued driving is primarily the fault of the driver, the truck company has a duty to follow scheduling laws to ensure safety.
A company that over-schedules truckers puts every car on the road in danger. As such, a company could be found negligent if it has ignored these federal trucking guidelines.
The truck manufacturer is also a common culprit in the cause of truck accidents. Manufacturers have an obligation to use parts up to industry quality standards in the building of the truck, and when a part becomes defective or is recalled, they should use the proper channels to sound the alarm so the part can be repaired or replaced.
When they fail to do this, or when they deceive dealers about the quality of their parts, they are subject to any personal injury claims filed by those who suffered injuries at the hands of their gross negligence.
Numerous other entities, such as the state or city government, cargo loaders, vehicle technicians, and the like could all have played a role in the cause of your accident and injuries. A truck accident lawyer in San Antonio will be able to conduct a thorough investigation to determine exactly who should be responsible for the damages you have suffered.
What Damages Can I Expect to Recover?
The amount you will be able to recover will depend on the severity of your injuries. That’s why we work alongside your medical providers to establish the extent of your injuries when we calculate the true value of your claim. Once we have an idea of the impact your injuries will have on your life now and in the coming years, we will consider the following damages for your claim:
- Loss of enjoyment of life
- Hospital bills
- Costs of prescription medications
- Loss of income
- Pain and suffering
- Lost earning potential
- Mental anguish
- Medical equipment
- Loss of consortium
- Property damage
There are many other factors to consider, and we will include any and all damages if they apply to your case. But the above damages are common in most severe commercial vehicle collision cases in San Antonio.
Your attorney will ensure that the complete extent of your injuries is taken into account when calculating an acceptable compensation award.
San Antonio Truck Accident FAQ
If you team up with us, we’ll be there for you from that moment until the day you receive the compensation you’re owed. That means we’ll be there to answer any questions you have along the way. For now, here are a few common questions we receive from our clients:
What happens if the truck was from out of state?
The state that the truck comes from is largely irrelevant to your claim. As long as the accident took place in Texas, you should still be able to recover damages from an out-of-state truck driver or company.
Should I accept the insurance company’s offer?
You can, but you certainly aren’t obligated to. Chances are the insurer’s first offer isn’t going to be the best. Insurance companies have one goal in dealing with claims: to pay out the bare minimum so their company can maximize profits. Your San Antonio 18-wheeler crash lawyer will advise you on what a reasonable offer would be, and you will be able to make an educated decision from there.
The insurer has asked me to make a statement. Should I?
We do not recommend making any statements to the insurance company, apart from your initial, basic report of an accident occurring. Insurers will take your statements and use them against you to decrease their responsibility for covering your damages. If they are “requiring” a statement, we will notify them that they will be able to obtain your statement in a court deposition or directly from us.
How long do I have to file a claim?
Personal injury claims need to be filed within two years of the date of a truck accident to fall within the Texas statute of limitations. If the government will be named as liable in your case, we will only have six months to file.
Do I need to go to court?
The short answer is maybe. Usually, we can negotiate a fair settlement with the insurance company before court becomes necessary. In some cases, however, the insurer will deny your claim or refuse to negotiate. In those instances, we would need to go to court to recover the fair compensation you’re owed.
What if loose cargo caused my accident?
Loose cargo causing an accident can mean that the truck holding the cargo may be difficult to find, but it’s not impossible. We will utilize whatever tools necessary to track where the cargo came from and, in turn, should be able to identify and hold responsible the trucker or cargo loader who failed to properly secure the load.
Reach a San Antonio Semi-Truck Accident Attorney
If you’re ready to seek compensation from the person responsible for the injuries you sustained in a trucking accident, contact the qualified attorneys at J.A. Davis & Associates, LLP as soon as you can.
Our seasoned attorneys have extensive experience with determining fault in 18-wheeler crashes and successfully obtaining full compensation in personal injury claims. Schedule your no-cost consultation with a San Antonio truck accident lawyer today by giving us a call at 210-732-1062 or filling out the contact form at the bottom of this page.