How Can A San Antonio Truck Accident Lawyer Protect Your Rights?
Commercial trucks are larger, have more powerful engines, and are typically loaded with heavy cargo. A collision with a commercial truck can lead to not only serious bodily injury and property damage but even death.
Truck accident cases involving 18-wheelers, semi-trucks, and tractor trailers can be traumatic and even fatal. That is why it is important to know what to do after an accident and act wisely to preserve as much information as possible. Keep calm and take all precautionary measures promptly.
If you have been involved in a fatal truck accident in San Antonio in which you were not at fault, you may be entitled to compensation. Speak with an experienced San Antonio Truck Accident Lawyer who will help you to determine the real worth of your injury claim.
Causes Of Truck Accidents In San Antonio
Considering the enormous size of most commercial trucks makes it easy to understand how they can be highly dangerous on the road. Truck wrecks can cause severe injuries ranging from traumatic brain injuries (TBI) to broken bones, amputations to spinal cord injuries.
- Speeding
- Driver fatigue
- Distracted driving
- Driving under the influence (DUI)
- Poor truck maintenance
- Product liability
- Highway hypnosis
When commercial trucks are completely loaded then they can weigh nearly 80,000 pounds. This is in contrast to typical passenger vehicles that weigh around 3000 pounds. Thus, it is no surprise that truck accidents involve wrongful deaths.
Be sure to seek assistance from a San Antonio Auto Accident Lawyer if you have been injured in a truck collision, whether a semi-truck accident or another type of truck.
Steps To Be Followed After A Truck Accident In San Antonio
If you find yourself in an automobile or truck accident, here are a few steps that you should follow, regardless of which state the accident occurred:
- Stop – If you are unfortunate enough to be involved in a vehicle accident, DO NOT drive away. Leaving the scene of an accident may be a violation of the law and will not allow you to preserve evidence for a potential legal claim.
- Stay calm – Try to remain calm, make note of your surroundings, and capture the circumstances surrounding the accident (e.g., time of day, traffic level, location, any admissions or omissions of the other driver, etc.).
- Move out of the way of traffic –If you have sustained only minor injuries and can drive, it is advisable to move to the side of the road to allow for the flow of traffic to continue. If the vehicle cannot move, stay inside with your seat belts on until help arrives. Also, remember to turn on your hazard lights.
- Call for medical assistance – If you have suffered severe injuries, you may require emergency assistance and an ambulance.
- Contact the police – Call the police from the location of the accident. Dial 911 and report the collision to a law enforcement officer.
- Do not discuss accident specifics with anyone – When speaking to police, limit discussion to the details of the accident. Be cooperative, but do not discuss driver fault regardless of what they might say.
- Document the accident – If you have not been seriously injured and are capable without risking further injury, take photographs of the damage caused to the vehicles involved, the road conditions, the traffic lights, the intersection or cross-streets, and anything else you think is relevant. Maintain these photos in a safe place.
Sometimes accidents happen despite our best efforts to avoid them. If you are involved in an accident, do not panic. These were some guidelines and legal requirements to follow that will ensure any future legal claims are protected.
What Types of Injuries Are Caused In Truck Accidents In San Antonio
Some of the most common injuries that are caused due to truck accidents are:
- Head injuries or traumatic brain injuries (TBI)
- Spinal cord injuries
- Back and neck injuries
- Broken bones or fractures
- Wrongful death
- Soft tissue injuries
- Lacerations
If you have been injured in a truck accident, you can take action against the negligent party and ensure that your rights are protected. Find out what type of legal recourse you may have by contacting experienced San Antonio Truck accident attorneys.
What types of collisions are common for trucks?
When the truck driver loses control of the truck or drives carelessly, a truck collision may occur. Some of the fundamental truck wrecks are as follows:
- Rollover Accidents.
- Jackknife Accidents.
- Wide Turn or “Squeeze Play” Accidents.
- Underride Accidents.
- T-Bone Accidents.
- Blind Spot Accidents.
- Truck Tire Blowouts.
- Rear-End Truck Accidents.
Truck drivers must be careful enough to maintain speed limits, apply brakes within time, maintain a safe distance, and follow all the safety regulations to prevent any dangerous truck wrecks.
Who is responsible for Commercial Truck Accidents?
It is complex to understand who is liable for the damages in commercial truck accidents including semi-trucks, big rigs, and others. Suppose, the truck driver is operating according to their responsibilities, and the trucking company or the employer will be liable for the damages. Some of the parties that may be held liable for the commercial truck accidents are:
- Truck driver
- Trucking company
- Manufacturing Company
Despite the liability rule, some trucking companies may deny their responsibility after a truck wreck. A Commercial Truck Accident Attorney can help you to file an accident claim. In most cases, the trucking company is the defendant and the insurance company will pay you the settlement amount.
According to the Federal Motor Carrier Safety Administration (FMCSA), there is no distinction between an employee and an independent contractor. As per this rule, truck drivers will be regarded as employees of the trucking company. A competent legal professional may help you if you have any queries regarding the truck accident claim.
Who is responsible for Commercial Truck Accidents?
As per the Texas Department of Transportation (TxDOT), in 2018, serious truck wrecks that caused injuries comprised 460 trucks, 786 semi-trucks, and 11 fire trucks. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2017 large truck accidents were caused by some driver-related factors.
It was determined that speeding caused 299 crashes, distraction injured 263 people, and failure to yield caused nearly 208 crashes. Some of the other factors were weather conditions that caused 167 crashes, failure to stay in the proper lane causing 136 crashes, and failure to obey safety rules leading to 125 crashes.
Regulations For Truck Drivers
The following are a few rules that must be abided by all truck drivers.
- All truck drivers must have been issued a commercial driving license.
- All truck drivers must follow the “Hours of Service” regulations 49 CFR 395 set by FMCSA that govern the maximum number of hours an individual may operate a commercial motor vehicle.
- Trucks must pass all manufacturer, safety, and environmental regulatory standards.
- All commercial vehicles are required to be inspected at regular intervals. If a manufacturing defect in the truck caused the accident, you may have a legal claim against the manufacturer, repairer, or supplier of the truck.
If the vehicle is carrying hazardous waste, it must also follow Office of Hazardous Materials Safety (OHMS) regulations. Failure to follow any of these rules may be evidence of wrongdoing.
Contact An Experienced San Antonio Semi-Truck Accident Lawyer For Your Case
Khattar Law, PC is highly experienced and well-prepared to handle truck accident cases. We can gather all the necessary evidence to prove who is at fault and, therefore, who is liable to pay compensation for injuries or property damage.
Book a free initial consultation with our knowledgeable San Antonio Truck Accident attorneys today. Our firm has been helping personal injury claimants since 1991. We have successfully handled numerous truck accident cases over the years.