Truck Accident Lawyers in San Antonio
Were you injured in a truck accident in San Antonio? We can help!
Our experienced San Antonio truck accident attorneys know injury law inside and out. We see the trucking companies, truck drivers, insurers, and courts that will likely be part of your injury case. We use this knowledge to protect our client's rights and help them obtain maximum compensation.
The highways of San Antonio and West Texas are filled with 18-wheelers and commercial vehicles. These trucks are responsible for several accidents across the region. When a car collides with another, it does so with devastating force. Severe injury or death may occur.
Unfortunately, many truck accident victims do not receive the medical care and compensation they deserve. Trucking and insurance companies fight this every step of the way. If you or a loved one has been injured in a truck accident, you need a team of aggressive San Antonio truck accident lawyers. The White Law Firm is on your side and ready to get results.
The Facts Behind San Antonio Truck Accidents
Top 100 National Trial Lawyers Drivers and businesses sometimes play by the rules: There are stringent regulations for truck drivers and trucking companies. Despite these requirements, not all drivers or companies comply with the current guidelines. Drivers who drive beyond duty hours or under the influence of drugs or alcohol increase the chances of an accident.
Trucks are almost always on the road—there is no off-season for truckers or trucking companies. Even during the national COVID-19 pandemic, big trucks were still on every road. Trucks are an easy way to transport goods across the country or state. You can't help but share the road with trucks. You must be prepared and careful around them on your neighborhood highways or other roads.
Injuries are more serious: The size and weight of the trucks make it impossible to stop or stop them. Cars can hit trucks in places that provide little or no protection for the occupants of the passenger car, such as hitting the truck's underride guards or side skirts. Sudden lane changes or sudden stop accidents are complex for motorcyclists to avoid. If an accident occurs, the vehicle's occupants can suffer brain or spinal cord injuries and, in some cases, even die. These aren't the only drawbacks to doubling up on defense. These are life-changing shocks.
Keep an insurance company from taking advantage of you.
After being injured in an accident, you may not know what to expect. When the insurance company calls, seemingly genuinely concerned about your condition, realize they may not be concerned about it. They are looking for any information they can use to reduce the compensation they will be responsible for in your case. The same is true for your insurance company, which is more concerned about your health than your health, even after you've paid your premiums on time over the years.
When a significant trucking accident occurs, companies and insurers act quickly to protect their interests. They have a team of investigators at the scene to gather evidence that they can use against you. You need to know how they work because making a mistake could cost you significant compensation you'll need to cover when you recover.
Insurance companies have much experience with low-level settlements and shifting liability to someone other than themselves. Don't let this happen to you. Before talking to any insurance company, we strongly recommend you seek legal advice to protect yourself.
Types of Commercial Vehicle Accidents in San Antonio
Thousands of trucks, delivery vans, and other commercial vehicles travel the streets and highways of San Antonio and across the state daily. While some commercial vehicle drivers are paid by the hour, others are held to strict performance standards. In a rush to complete their work tasks, some drivers may engage in risky driving behaviors such as speeding, sudden lane control, using portable devices, and running red lights.
The White Law Firm represents people in personal injury cases involving all types of commercial vehicles, including:
- Local delivery vehicles
- UPS and FedEx vehicles
- Construction vehicles
- Public and private transport companies operate buses.
- Taxi
- Semi-trailers
- Other types of commercial vehicles
Truck Driver Fatigue Accidents
Although the Federal Motor Carrier Safety Administration has issued regulations specifying the maximum time commercial drivers can drive their vehicles, some drivers need to pay more attention to these rules. As everyone knows, a tired driver is a potentially dangerous driver, and this is a leading cause of truck accidents in San Antonio.
The most common causes of truck and 18-wheeler accidents in San Antonio
According to the Federal Motor Carrier Safety Administration (FMCSA), large commercial trucks involve 3,341 fatal and 60,000 injury-related traffic accidents yearly. The Lone Star State leads the nation when it comes to truck fatalities. Its prosperous oil industry and extensive highways connecting the East and West Coasts often draw new and inexperienced truckers to the state.
Detailed FMCSA regulations govern tractor-trailers to reduce the frequency of fatal and disabling truck accidents. Yet driver fatigue, distraction, and careless truck maintenance continue to injure innocent drivers yearly.
I. Driver Fatigue
How Does Driver Fatigue Cause Major Truck Accidents in San Antonio?
Everyone has a wake/sleep cycle ("circadian rhythm") that affects a person's alertness and cognitive abilities. When a person does not get enough sleep or works unusual hours, natural sleepiness is accelerated and negatively affects driving ability. Studies show that drowsy driving reduces reaction times, impairs decision-making, and reduces driver concentration. Truck accidents caused by a driver falling asleep at the wheel are unforgivable and often fatal. Victims of fatigued driving accidents can potentially hold the truck driver, his company, and the vehicle owner liable for damages.
Drunk Driving vs Drunk Driving: Which is More Dangerous?
A recent study has shown that the effects of driving while sleep-deprived or tired are more severe than the effects of driving while intoxicated. The CDC reports that driving without sleep for 18 hours is equivalent to driving with a blood alcohol concentration of 0.05 percent (a few drinks) and driving without sleep for at least 24 hours. Doubles to 0.1 percent (above the legal limit). The extreme awareness required of large truck drivers is likely to increase the rate of mental and physical decline.
Another study by the AAA Foundation found that drowsy driving is responsible for nearly one in six fatal crashes. Take another approach: Drowsy driving is a factor in 17 percent of all fatal car crashes. Due to the size and mass of commercial trucks, drowsy driving accidents can have devastating consequences.
II FAILURE VEHICLE MAINTENANCE
Truck accidents involving improper maintenance.
According to the FMCSA:
"Vehicle maintenance (e.g., brakes, lights, other mechanical defects, and cargo security) is one of seven Behavior Analysis and Safety Improvement (BASIC) categories for measuring motor carrier safety. Jan." 2014 FMCSA published the Carrier Safety Measurement System (CSMS) Effectiveness Test BASIC study. This published study found that motor carriers subjected to vehicle maintenance interventions have a lower future accident rate, 65% higher than the national average.
Third air brake and driver reaction time
A semi-trailer can weigh up to 80,000 pounds. Most passenger cars weigh between 3,000 and 4,000 pounds. Because every action requires an equal and opposite reaction (Newton's third law of physics), enough force is needed to stop a moving tractor-trailer.
Let's compare a typical passenger car's stopping distance with a semi-truck. Under ideal conditions, a vehicle weighing 4,000 pounds and traveling 65 mph would take 316 feet to stop. On the other hand, an 80,000-pound fully loaded semi-truck would take 525 feet to stop at the same speed and under the same conditions with the air brake system operating.
Brake delay
There is another crucial factor when it comes to braking: braking. Trailer trucks use air brakes instead of hydraulic brakes used in standard passenger vehicles. Anyone who has heard semi-trucks slowing down knows hydraulic brakes work much faster than air brakes. The air pressure must increase with air brakes until sufficient to initiate the braking process. If the driver misjudges the distance to brake, serious accidents can occur. Such accidents usually include rear-ending collisions, a common type of passenger vehicle and truck accidents.
Even at low speeds, being behind a 40-ton 18-wheeler sends a tremendous jolt through the lead vehicle. Significant weight differences between cars often result in rear-end breakage, airbag deployment, and damaged fuel tanks. Back-seat passengers can become trapped in burning vehicles and usually suffer severe spinal cord injuries or head trauma.
Common injuries associated with air brake failure include:
Traumatic Brain Injury (TBI) and Brainstem Trauma: Motor vehicle accidents are among adults' leading causes of TBI. The sudden forward and backward forces associated with being rear-ended by semi-trucks can cause severe brain damage, resulting in brain death. Truck accident claimants often suffer from severe concussions and frontal lobe damage, resulting in personality changes, memory loss, depression, and difficulty concentrating.
Paralysis:Â Traumatic damage to the brain stem and lower neck can cause quadriplegia, while damage to the lower back can cause paralysis. These life-altering injuries often result in millions in wages, medical bills, and pain and suffering damages. Paralysis usually occurs after tractor-trailer crush accidents.
Full-Thickness Burns:Â When brake failure results in a crash that crushes the fuel tanks in the back of the truck, passengers can be caught in a fatal car fire. Even minutes of exposure can cause lung damage and third-degree burns. Many claimants require months of hospital treatment, amputations, and multiple surgeries to survive this trauma. In addition to damages for pain, suffering, and disfigurement, San Antonio burns victims may seek non-monetary compensation for the scars and emotional distress associated with the accident.
Herniated Discs:Â Your spine supports your body weight and weakens with age. Thus, the rear impact force of an 18-wheeler often dislodges the delicate spinal discs between the vertebrae. These hernias or bulges usually pressure delicate nerves, causing pain and numbness. Many claimants require substantial rehabilitation and fusion surgery for these conditions and are often left with lifelong disabilities.
Getting medical attention after a catastrophic truck accident is your priority. Experienced local truck accident attorneys can usually gather evidence and request amendments to police reports if the claimant is medically disabled.
Fourth Tier Breakout
There's a reason why 18-wheelers need 18-wheelers. These wheels help carry heavy loads and cause premature tire wear and tread damage. Large trucks cannot move with punctured or damaged tires, and commercial vehicles cannot use retreaded or reconditioned tires. However, fleet owners often buy bad tires by rotating and retreading them.
Drivers should check tires regularly and replace damaged ones during long-distance journeys. FMCSA also regulates how fast trucks travel based on weight to reduce overall tire wear. Tire blowouts in semi-trucks often damage passenger vehicles and result in uncontrolled accidents.
V. Drug and Alcohol Addiction
Long-distance truck drivers have stressful jobs. They are responsible for driving dangerous motor vehicles over long distances and require constant attention. Being away from family also causes stress, and most drivers don't have access to healthy food. All these factors increase the incidence of illegal drug and alcohol abuse among truck drivers. Trucking companies must administer mandatory drug and alcohol tests when drivers receive their CDLs and begin work, but testing for alcohol addiction afterward is difficult.
Studies also show that most long-haul truck drivers do not get enough sleep. As such, many people turn to prescription drugs to help with fatigue. Driving under the influence of prescription drugs, such as when drugs affect your concentration and reaction times, is illegal and often leads to catastrophic accidents.
If you suspect a truck driver was under the influence of alcohol or drugs based on symptoms including:
- Dilated pupils
- Ambiguous address
- Difficulty walking
- Driving and erratic behavior
- Strong odors, including alcohol or marijuana
- cheapness
Contact an attorney immediately and tell first responders what you saw. Police officers often arrive after witnessing these behaviors of claimants, and the officers may administer a field sobriety test. Attorneys can also request a driver's drug history, including required drug and alcohol test records.
18 What should be done immediately after a wheeler or commercial vehicle accident?
Truck accidents are traumatic for both the victims and the driver. A severe accident can cost operators their jobs. Thus, it is common for truck drivers to downplay the severity of the accident, overreact, or try to talk the claimant into calling the police. Always contact the police after a San Antonio truck accident, even if you are not hurt.
Insurers may automatically try to deny claims until the police confirm the accident scene. Most state troopers and officers are also familiar with the basics of commercial vehicles. They can instantly request a service log of the driver's hours, inspect the tires, and identify the type of accident and possible cause.
Immediately after the truck accident:
- Please do not move your vehicle unless it is in a hazardous area.
- Contact local authorities and get medical help for yourself and others.
- Don't minimize your pain to first responders because they will report your statements, and you may experience adrenaline-fueled pain reduction.
- Gather contact information for available witnesses, take photographs, and gather evidence if possible.
- Request a police report and seek professional legal advice.
- Follow the attorney's instructions about insurance company reports and changes, i.e., only talk to people with an attorney present.
Reckless hiring practices by trucking companies
America relies heavily on the trucking industry for our growing economy. Due to a chronic lack of applications for trucking positions, even responsible trucking companies are forced to lower their hiring standards or ignore red flags on applicants' driving records. Additionally, many truck drivers are unsupervised and lack the necessary training and experience to perform job duties safely.
San Antonio Truck Accident Frequently Asked Questions
The hours, days, and weeks after a traumatic truck accident can be chaotic. You're dealing with injuries, seeing medical bills pile up, and you may be unable to work. You likely have many questions about your legal rights and how to get the compensation you deserve.
Below are some common questions our San Antonio truck accident attorneys hear from injured victims. Feel free to contact our office for a consultation to discuss specific questions about your situation.
What tools help in truck accident investigation?
Commercial trucks are complex machines, and many possible causes of truck accidents exist. For these reasons, a thorough investigation is often required to determine the cause of the accident for liability purposes. Our San Antonio truck accident attorneys have many resources to help with such investigations, and we know which tools help determine who is responsible for your injuries and damages. Should.
Some things that can help with a truck accident investigation include:
- A truck's event data recorder ("black box") can show the truck's speed, braking, and other driving aspects just before a crash.
- The truck's cameras can face the driver to show what they were doing when they crashed, or they can face the road so we can see the conditions in front of the driver before the crash.
- Trucking company records can show driver history, employment records, delivery times, and more.
- Truck maintenance records to determine truck inspections and repairs (or lack thereof).
- Accident reconstructionists can examine the scene and help piece together what happened.
- Trucking industry experts can report whether a company or driver has violated industry standards.
- While you care for your medical treatment, we can handle the complex investigative process so you know which insurance claim to file.
How do I know the value of my San Antonio truck accident claim?
As an accident victim facing economic and non-economic damages, including pain, suffering, and disfigurement, it's understandable to wonder how much your claim is worth. Unfortunately, every truck accident is different, and it is impossible to generalize the value of claims. An attorney will need to evaluate various issues to determine the value of your claims.
Some factors that may affect the value of your claim include:
- Your age, your profession
- Your income
- The severity of your injuries.
- Whether your injuries will cause disability or other long-term medical problems.
- Just like you had an accident.
An attorney familiar with truck accident litigation can evaluate your case and give you an idea of its worth. However, the insurance company will self-assess your damages, which will likely be lower than the actual value of your case.
The insurance company will not only reduce your claim but will likely engage in tactics designed to get you to settle for less or weaken the strength of your case. For example, they may start with an unreasonably low first offer to improve subsequent offers. They may also pressure you to provide a recorded statement, hoping to get you to say things that show you were at fault in the accident.
When should I call a San Antonio truck accident attorney?
Profile of Paula A Wyatt If you can call a truck accident attorney from the scene of the accident, that would be ideal, as you want your attorney to begin gathering information and evidence as soon as possible. However, due to the nature of truck accidents and the resulting injuries, this is usually not the case.
Our state establishes a two-year statute of limitations for personal injury lawsuits. If necessary, you have two years from your injuries to file a claim in civil court. This does not mean you have two years left and should wait to call a lawyer.
Some things need to happen before reaching the litigation stage, including:
- Investigate the cause of the accident to identify the responsible parties.
- Preparing and filing one or more insurance claims.
- Negotiate back and forth with insurers to see if you can resolve the case directly through an insurance settlement.
- Prepare a personal injury petition if you need to file a lawsuit.
- This takes time, and you want to ensure your legal team has plenty of opportunities to go through the insurance process before the trial deadline approaches.
Also, the longer you wait, the more likely evidence will disappear. Surveillance videos can be recorded, trucking companies can "lose" records, and eyewitness memories can be blurry. The sooner you call an attorney, the sooner we can start building your case.
Can I Afford a San Antonio Truck Accident Lawyer?
A truck accident can be expensive. You may face thousands of dollars daily in medical bills, repair bills, and reduced income due to your inability to work. Under these circumstances, hiring a personal injury attorney seems out of the question. Lawyers are notorious for charging high hourly rates, and when it comes to unexpected expenses, the last thing you want to do is incur expensive legal bills.
Fortunately, you don't have to. Our San Antonio personal injury attorneys take all of our cases contingently. When a lawyer works on a contingency basis, they only collect legal fees if the lawyer wins your case. These fees will come directly from your settlement or award, so you don't have to use upfront legal aid money.
Your contingency fee agreement will detail what percentage your attorney will take, so there are no surprises at the end of your case. Our firm uses a contingency fee structure to ensure that anyone who needs legal help can get it.
No comments:
Post a Comment