Truck Accident Lawyer San Antonio, TX
Our truck accident lawyer San Antonio, TX victims rely on from The Law office of John W. Shaw, PLLC have witnessed firsthand the catastrophic injuries and suffering that results in the wake of an accident involving a massive 18-wheeler. The harsh reality for truck accident victims is that the damages can be life-changing when faced with such an accident. While there are many trucking industry regulations designed to protect drivers, accidents can still occur when negligence is a factor. It might come as no surprise that taking legal action can be complicated, especially when multiple parties are responsible for the accident. The Law Office of John W. Shaw, PLLC, can not only review your case but provide the legal representation you and your family need during this incredibly challenging time.
Paying for the unexpected costs that are a result of a personal injury accident is an unfortunate burden that many accident victims struggle with. Between treatment for medical bills and the recovery from psychological trauma, the consequences of a personal injury accident can impact a victim for a long time. If you are not sure how you can deal with the financial costs of a truck accident injury, speaking with a skilled truck accident lawyer is worth the time and hassle.
The Severity of Truck Accidents
One of the most important ways to transport goods across the country today is through the commercial trucking industry. These large trucks are commonly seen traveling down freeways, so it should come as no surprise. However, these trucks’ sheer size and force when in an accident can produce potentially devastating results. To put this into perspective, the average semi weighs around 80,000 pounds while a standard motor vehicle only weighs about 5,000 pounds. The impact when the two are faced with a collision can be crushing. Our San Antonio truck accident lawyer in TX has provided a few other factors to consider:
- Large trucks cannot stop as quickly, meaning reaction time when faced with a potential hazard can be delayed, often delivering force at much higher speeds.
- Large trucks are top-heavy and have a higher chance of rolling over.
- Large trucks are more challenging to maneuver and often require much more space to make turns or move out of the way of potential road hazards.
When a truck accident occurs, the devastation to follow can result in severe injuries and even death. When someone has been injured, damages are sure to follow. Keeping track of all the damages can be hard if you have been in a severe accident. Victims may be left to face physical injuries, costly medical expenses, lost wages, and even lifelong impairments, which is why it will be critical to consult with a lawyer. It can be easy to get overwhelmed if you have to deal with both your physical and emotional recovery while you are attempting to handle a legal case all on your own. Contact a lawyer who has experience handling truck accident claims so that you can improve your chances of getting a fair compensation amount.
Trucking Industry Regulations
All trucking companies must follow state and federal regulations to ensure safety and prevent accidents. Pressures to haul loads as quickly as possible can result in drivers and companies cutting corners. Many truck drivers feel compelled to deliver their cargo as fast as possible so that they will avoid being penalized by their employers. Some of them may feel pressure to drive while they are fatigued, sleepy, or drive after consuming illegal substances. This can be incredibly dangerous. When an accident has occurred involving a large truck, your lawyer will likely investigate your case to see if any of the following regulations were violated:
- Drivers must hold a CDL and be at least 21 years of age
- Drug and alcohol use is prohibited
- Drivers must have regular physical examinations
- Trucks must be properly maintained
- Driver and truck maintenance logs must be kept
- Required rest of driver
Violations of industry regulations can not only result in large fines but contribute to negligence when an accident has occurred. The process of retaining the entitled compensation can be complicated, especially when multiple parties are involved. You may be facing the truck driver and trucking company in your case. A lawyer can ensure that you request the proper compensation for the damages you are facing and negotiate the best possible outcome for you.
When Trucker Fatigue is a Factor
One major factor in commercial truck accidents is something you may not have thought of before, which is trucker fatigue. This is when a truck driver becomes impaired or falls asleep behind the wheel as a result of lacking sufficient rest. Truck fatigue is a bigger problem than you may think and is a threat to both drivers and the people they share the road with. Oftentimes, truckers are under pressure from their employer to get goods from one location to another as quickly as possible. Unfortunately, because of this pressure, many truckers are pushed to skip out on proper rest breaks and sleep. Despite regulations that are supposed to prevent fatigue, it still happens because companies are more worried about the bottom dollar than the safety of their workers and the public.
You may be asking yourself how we would go about proving that the trucker was fatigued at the time of the accident. There are several pieces of evidence that can help us prove trucker fatigue was a factor in the collision, including:
- Police Reports: officers have been trained to identify when a person is deprived of sleep. A police report that lists details such as red eyes or obvious fatigue, can be helpful in showing that the trucker was influenced by sleep deprivation. The trucker themselves may have admitted being tired behind the wheel when speaking with the officer at the scene.
- Circumstances of the Accident: if the accident happened between the hours of 1 a.m. to 6 a.m., there is a higher chance that the trucker had been driving through the night when they should have been sleeping. Additionally, if the trucker tried to abruptly avoid an accident, it may have been because they fell asleep briefly and tried to quickly regain control over the truck before it collided with another car.
- Analyzing Logbooks and Hours: most commercial trucking companies and their workers are required by law to carry Electronic Logging Devices (ELD). If one is not installed into the vehicle, then the truckers must carry a handwritten book. We can analyze the logbooks to uncover whether the trucker had been working more hours than they were supposed to within a period of time.
Your Questions Answered
At The Law Office of John W. Shaw, PLLC, we know you have a lot of questions. The following are some of the most common ones asked by prospective clients and clients alike. For any further assistance, or to take legal action, call a truck accident lawyer in San Antonio TX. The following questions that a lawyer can answer that relate to financial concerns that you may have.
Who Is Going to Pay My Medical Bills?
Most truck accidents result in serious injuries. The medical care needed tends to be in the tens of thousands of dollars. Although bills may be piling up, they might not be covered right away. In this situation, your own insurance company should cover some or all of your expenses. If you are having difficulty with this getting done, call a San Antonio, Texas truck accident lawyer.
Who Can I File A Claim Against?
Most claims are filed against the truck driver, the truck company, and sometimes, the truck’s manufacturer. Your ability to file a claim against the company will largely depend on what relationship existed between the employee and employer. If an employment relationship existed, it may be possible to recover compensation from the truck company. When this relationship did not exist, it may be more difficult to do so.
What Types of Compensation Can I Recover?
Injured victims may have the right to recover a broad range of damages, which offer compensation for economic and noneconomic losses. Some of these damages include:
- All related medical bills
- Prospective medical costs
- Lost wages or loss of income
- Pain and suffering
- Emotional anguish
- Reduction in the overall quality of life
- If you lost a loved one in a truck accident, it may be possible to file a wrongful death claim for damages such as loss of income, loss of benefits, loss of companionship, funeral and burial costs, and much more.
What Is My Truck Accident Case Worth?
You are probably wondering about the total value of your personal injury case. A lawyer will examine your records to calculate the types of damages you can list in your claim so that you can recover all of the compensation that you are entitled to. It is not possible for a truck accident lawyer in San Antonio, TX, or elsewhere, to guarantee a certain amount of money for your case. This is especially true when no investigation has taken place. The value of your case will depend on the circumstances of the accident, the extent of injuries, the expenses that have resulted, as well as the conduct of the defendants. A lawyer will examine the types of losses that you have experienced, such as past and future medical expenses, missed wages, reduced earnings, and property damage.
What If I forget To List Damages?
When you are calculating your damages, it is necessary that you double check your information to ensure that it is accurate. Account not just for damages that you have at the moment, but for future damages that are relevant to your case as well. This includes future medical treatment that you may need like physical therapy, as well as the earnings that you would have earned if you were not injured. If you forget to include certain damages there is no guarantee that you will be able to obtain compensation for them in the future.
How Much Does Hiring A Lawyer Cost?
Many lawyers operate on a contingency basis. This means that they do not collect money from you until after your case has been resolved. For example, some lowers will ask that they receive a percentage of your settlement amount rather than ask for payment on an hourly basis. Since payments vary from lawyer to lawyer, be sure to ask a lawyer about whether they expect any up-front costs.
I Might Be Partially At Fault, Can I Still File a Claim?
Truck accidents are traumatic. Many of our clients worry about whether they were partially at fault for the accident. They often wonder if there was something they could have done differently to avoid what happened. Our truck accident lawyer in San Antonio, Texas will need to thoroughly investigate what happened to find out who was responsible. We would encourage you to reach out to our firm to learn more. You should know that even if you were partially responsible, it may be possible to recover partial compensation.
Do I Need to Talk to the Insurance Company?
We would recommend that you avoid giving any statement to another party, or their insurance company, without speaking to a lawyer. By law, you must cooperate with your own insurance company. However, if you are struggling to communicate with your insurance company or they are giving you an issue with your claim, you can reach out to a lawyer for help. You do have the right to let your lawyer communicate with them on your behalf. This is recommended to avoid complications.
Call The Law Office of John W. Shaw, PLLC Today
At our law firm, we can provide you with a compassionate and experienced lawyer to represent you in your case. No victim should be left to sort out what happens next all on their own. We understand how much more complicated a commercial truck accident can be in comparison to standard-size vehicle collisions. If you have worries left unaddressed or questions unanswered after a serious truck accident, then it is time to call our law office for a free initial consultation, at no obligation. Contact our San Antonio, Texas truck accident lawyer at The Law Office of John W. Shaw, PLLC for the support and guidance you deserve.