Common Causes of San Antonio Truck Accidents
Numerous actions and events can lead to a large truck accident. Claims can involve negligence, strict liability, defective products, and more. Some of the most common causes of truck accidents include the following:
Most people think about texting and driving when it comes to distractions. However, distracted driving involves anything that takes a driver’s attention off the road.
A truck driver might be checking their GPS, looking at their logbook, eating, changing the radio station, and more. Even looking away for a second can have catastrophic results.
Truck drivers might speed or violate other traffic regulations in a rush to deliver their cargo. Most drivers are paid by the load, so the longer it takes to deliver something, the less they get paid.
Inexperienced truck drivers put countless motorists at risk. Trucking companies must comply with all federal and state driver training and licensing laws.
Driving Under the Influence
Intoxication with 18-wheeler truck drivers might not be as common as DUIs in passenger vehicles, but it happens. When it does, the results can be catastrophic.
Remember that a DUI is not limited to alcohol or illicit drugs either. When someone is on prescription medication that has a warning not to operate a vehicle while taking it, they could be guilty of driving under the influence.
Truck drivers typically push the number of hours they are on the road to get loads delivered as quickly as possible to pick up the next one. That is why commercial truck drivers must adhere to specific regulations governing how many hours they can drive.
Unsurprisingly, some trucking companies push drivers to violate the law and exceed the allotted hours. Exhausted drivers in 18-wheeler trucks are a recipe for disaster.
Defective parts and mechanical malfunctions can also contribute to a large truck accident. Having something malfunction while driving an 18-wheeler is terrifying.
Some of the most common defective parts include brakes and tires. A tire blowout on the highway could result in multiple fatalities. Claims involving defective parts are some of the most complex ones.
Do not try to pursue a product liability case without an experienced San Antonio truck accident attorney representing you.
Lack of Maintenance and Safety Inspections
Drivers and trucking companies must conduct regular truck maintenance and safety checks. Large trucks should be in proper working order before transporting a load.
Proving Liability in a Texas Large Truck Accident
Proving liability is paramount to bringing a successful claim for damages. Filing a claim is not enough. You must prove the defendant harmed you and owes you money.
Texas is a modified comparative negligence state with a 51% bar. That means you could receive a portion of your damages, even if you had a percentage of fault in the accident.
However, if your percentage of fault is 51% or more, the law precludes you from receiving any compensation. For example, if you’re 49% at fault, you will receive 51% of your damages. If you are 51% at fault, you will not receive any compensation, no matter how severe your injuries are.
Evidence to Prove Fault and Damages
Gathering strong evidence is crucial in a truck accident lawsuit. When you hire a San Antonio truck accident lawyer from Armstrong, Lee & Baker LLP, we will gather and preserve all evidence to help prove liability and damages.
Some crucial pieces of evidence can include:
- Police report;
- Scene photos;
- Medical records;
- Witness statements;
- Driver’s logbooks;
- Black box data, and
- Maintenance and inspection reports.
In some instances, we might need to hire an accident reconstructionist. An accident reconstructionist is an expert who will investigate and prepare a report detailing how they believe the accident occurred.
This information can be crucial during liability negotiations.
Types of Damages in a Truck Accident Claim
Understandably, prospective clients want to know how much compensation they can receive in a truck accident claim. Recoverable compensation depends on your individual circumstances, including injury severity and liability.
In general, you may be able to recover for the following:
- Medical expenses to date;
- Future medical expenses;
- Lost wages;
- Future loss of earning capacity;
- Property damage;
- Pain and suffering;
- Emotional trauma, and
- Loss of consortium.
Your San Antonio truck accident lawyer will explain what types of compensation you are eligible to receive and how we calculate your case value.
Time Limit to Bring a Truck Accident Claim in Texas
As with other types of personal injury claims, you have only a limited amount of time to bring a lawsuit in Texas. In most situations, you have only two years from the date of your truck accident to file a lawsuit.
If you inadvertently miss the deadline, the court will likely dismiss your case. Even if you have no fault for the accident, the defendant is under no obligation to continue negotiations without proof you filed your claim within the statute of limitations.
Some circumstances might extend or reduce the time you have to file. That is one of the many reasons to hire a San Antonio truck accident attorney to represent you.
Your attorney will file a lawsuit on your behalf, so you do not have to worry about missing important legal deadlines.
Contact a San Antonio Truck Accident Lawyer
Truck accident claims often involve severe to catastrophic injuries. It would be best if you had a San Antonio truck accident attorney with the experience and skills necessary to resolve your case for a fair amount.
Armstrong, Lee & Baker LLP has years of experience representing injured victims in Texas truck accidents. We are not afraid to stand up to trucking companies and auto parts manufacturers to get justice.
To learn how our San Antonio truck accident lawyers can assist, contact our office to schedule a free initial consultation.