San Antonio Truck Accident Lawyers

Who Can Be Held Liable in a Truck Accident?

Many different parties can be held liable in a truck accident. Depending on the circumstances of the accident, one or more of these parties may be held responsible.

The Truck Driver

The truck driver is often the first party that comes to mind when considering who can be held liable in a truck accident. If the driver was speeding, driving recklessly, or under the influence of drugs or alcohol, they can be held liable for any accidents or injuries that occur.

The Trucking Company

The trucking company can also be held liable in a truck accident. This is especially true if the company failed to maintain the truck properly or if they didn’t properly train the driver.

The Truck Manufacturer

If the truck was defective somehow, the manufacturer can be held liable. This is most often seen in cases where the brakes or tires are defective.

The Cargo Loader

If the cargo is not loaded properly, it can shift during transport and cause an accident. In these cases, the cargo loader can be held liable.

Determining fault is important because it can help you get the compensation you need to cover your medical bills, property damage, and other expenses. If you can prove that the other party was responsible for the accident, they will be liable for all of these costs.

Determining who is at fault in a truck accident can be complicated. If you’ve been involved in a truck accident, the experienced attorneys at the Packard Law Firm can help. We’ll investigate the accident and determine who is liable so you can get the compensation you need to cover all the expenses incurred after dealing with this difficult situation.

What Are the Federal Trucking Regulations?

All truck drivers and trucking companies are bound by federal regulations. These rules can affect commercial truck accidents, as the Federal Motor Carrier Safety Administration (FMCSA) can hold individuals in violation.

The FMCSA regulations state that:

• Truck drivers must undergo proper training for specific types of cargo
• Truck drivers must take rest periods after driving a certain number of hours
• Drivers must maintain a blood alcohol concentration (BAC) of 0.04% or less
• Cargo must be secured properly
• Trucks must be inspected regularly

These rules are meant to keep truck drivers and passenger vehicles safe on the road. If trucking companies encourage their drivers to break the rules, they can be penalized. Our team is familiar with the FMCSA and how they regulate drivers so we can help you after a San Antonio truck accident. 

What Kind of Damages Can You Seek in a Truck Accident Claim?

After a truck accident, you are likely dealing with many expenses related to your injuries and property damage. By working with a San Antonio truck accident lawyer, you can recover compensation for all of your financial losses.

Generally, you can seek compensation for the following:

Economic Damages

Economic damages are financial losses that you were forced to pay out of pocket because of the accident. Typically, these are related to your truck accident injuries. Economic damages may include:

• Medical expenses
• Lost wages from time off work
• Property damage repair
• Loss of future income

Non-Economic Damages

Non-economic damages are more subjective and may require calculations. These losses are more about your emotional state and your mental health as a result of the accident. Non-economic damages could include:

• Emotional distress
• Pain and suffering
• Mental anguish
• Permanent injury

Under certain circumstances, you may also qualify for punitive damages. These damages are additional damages that are awarded when the defendant is found to have behaved with malice or intent. In most truck accident cases, these damages would be given if a driver was found driving under the influence. Punitive damages could also be awarded if a trucking company was encouraging their drivers to break laws or rules of the road. If you’re interested in learning more about punitive damages for a semi-truck accident, contact our law office today.

What Should I Do After a Truck Accident?

Trucking accidents are scary and not something most people are prepared for. If you’ve recently been in a truck accident, taking the right steps now can help you when filing a claim later.

Keep yourself safe by doing the following:

Exchange Information

Talk to the truck driver and get their name, number, trucking company, and insurance company information. It’s illegal to leave the scene of an accident without exchanging information, and you’ll need it later when you’re filing your claim.

Call the Police

Law enforcement will come to the scene of the accident and file a police report. Not only will this keep you and your passengers safe, but it will also allow you to have your own record of the accident and initial liability.

Take Photos

Photos and videos of the accident scene can be used to bolster your claim. If there are any witnesses of the accident, get their information, too.

Seek Medical Attention

Even if you don’t feel hurt now, getting medical care is important. You may have internal injuries that are not immediately obvious. Get checked out by a medical professional to seek the treatment you need.

File an Insurance Claim

Contact your insurance company and the trucker’s insurance provider as soon as possible. The faster you file a claim, the faster you can recover compensation.

What If My Loved One Died in a Truck Accident?

Because of their large size relative to other vehicles, fatal truck accidents are unfortunately common. If your loved one died as a result of their truck accident injuries, you and your family may be able to pursue a wrongful death claim. In a wrongful death claim, you can seek compensation for the loss of your loved one and hold liable parties accountable for their actions.

The compensation in a wrongful death claim can be used to pay for:

• Funeral costs
• Burial expenses
• Medical expenses from before your loved one’s death
• Property damage repair
• Loss of companionship
• Loss of future income
• Loss of benefits, including emotional support

Losing a loved one is incredibly difficult. Our team understands that no amount of money will bring your loved one back to you. However, our San Antonio truck accident lawyers are here to help you hold guilty parties responsible for their actions. Many families find that seeking justice through a wrongful death lawsuit helps bring them closure and peace. If you’d like to learn more about filing a wrongful death claim, contact our law firm.

What Are the Most Common Issues After a Truck Accident?

Even in relatively straightforward cases, truck accident claims may not go as planned. Pursuing an insurance claim while recovering from your injuries can be challenging, especially if there are multiple liable parties involved.

Frequent issues with truck accident cases include:

Claim Denials

Insurance companies are not on your side. Insurance adjusters will do everything in their power to get you to admit fault so they can deny your claim. Talking to an insurance company without legal representation is not recommended.

Low Settlement Offers

It’s common for insurance agents to reach out after your accident and offer you an insultingly low settlement offer. Unfortunately, many people accept this low settlement because they believe it’s better than nothing. The truth is that by working with a San Antonio truck accident lawyer, you can recover full and fair compensation to cover all your losses.

Multiple Insurance Companies

If more than one party is responsible for your accident, you may be dealing with multiple insurance companies. Juggling more than one insurance claim is challenging, especially when you are resting and recovering from your injuries. You deserve a legal team who will take care of all your insurance needs.

Learn more about how our San Antonio truck accident attorneys can help you by contacting us online or by calling (210) 972-8918 today!