While driving on busy San Antonio roads, you may find yourself face-to-face with a large truck. Moments later, you may badly need medical attention and the services of a head-on truck accident attorney. We all know that trucks are deadly.
According to the Texas Department of Transportation, there was 704 fatal truck crashes in 2020. A head-on collision with a truck is an even more frightening incident.
In this article, we will highlight the different topics pertinent to head-on truck accident cases. We will also discuss why you need to get a head-on truck accident lawyer involved in your case as soon as possible.
How Do I Sue a Trucking Company?
Suing a trucking company is easier said than done. Nevertheless, those companies retain high-powered legal representatives because they understand they exist in a high-risk industry. Still, you cannot let that deter you from pursuing compensation. Below are the things you must do to successfully sue a trucking company.
- Hire a Head-On Truck Accident Attorney – To start the process of securing compensation, you must first hire a legal representative. Hire an experienced personal injury attorney who knows how to handle semi-truck accident cases. If your loved one died in the crash, you should look for a fatal truck accident lawyer.
- Let Your Attorney Investigate the Accident – Next, you need to let your attorney do their job. Give them time to investigate the accident so they can provide an accurate account of what happened. By gathering overwhelming evidence, your San Antonio truck accident lawyer can put the other side in a position where accepting responsibility is their only option.
- File Your Lawsuit – Now that you have a stronger leg to stand on, you can push forward with your lawsuit. File your lawsuit with the court so the legal proceedings can finally begin. Make sure you and your attorney file this lawsuit within two years of the accident so you do not exceed the statute of limitations in Texas.
- Negotiate with the Other Side – After learning about your claim and the pieces of evidence you have gathered, the other side may decide that negotiating a settlement is their best option. Your attorney can continue negotiating with the other party until they present a good settlement offer.
- Take Your Claim to Court – The other side may refuse to offer a fair settlement in your case. If that happens, you should not hesitate to continue your case, even if that means heading to court. Do not waver at that moment because you have a legal expert working on your behalf.
Fatal Truck Accidents and Wrongful Death Claims
Filing a wrongful death claim is an option if the big rig accident victim died due to the injuries they sustained. However, wrongful death claims are still personal injury cases, so they can pursue them the same way. In Texas, the surviving spouse, children, and parents of the deceased can file a wrongful death claim.
If none of those parties file the claim three months after the decedent’s passing, the executor of their estate is allowed to proceed with the wrongful death lawsuit.
What Types of Truck Accident Cases Does Our Injury Law Firm Handle?
Here at our San Antonio injury law firm, we have extensive experience pertaining to truck accident cases. The accident cases we frequently handle are detailed below.
- Fatal Truck Accidents – Truck accidents are notorious for being deadly. If your loved one dies due to their involvement in a big rig accident, remember that you can still pursue a wrongful death lawsuit on their behalf. Hold the negligent party accountable on behalf of your dearly departed relative.
- Jackknife Accidents – Truck jackknife accidents are particularly troubling due to the widespread damage they can cause. If you become swept up in the carnage, sue the party responsible for causing that accident.
- Wide Turn – Wide turn accidents are similar to jackknifing accidents in terms of the widespread damage they can cause. Get your lawyer on the line quickly if a truck hit your car as it was coming out of a wide turn.
- Brake Defects – The sight of an out-of-control truck is absolutely terrifying. Unfortunately, there is a good chance that the truck is veering out of control because it has a braking issue. In the aftermath of an accident caused by faulty brakes, the manufacturers should be among the parties providing compensation.
- Tire Blowouts – Tire blowouts are also frequently cited as contributing factors to semi-truck accidents. Those blowouts may be from poor road conditions and wear and tear. In some cases, tires may also blow out early because they were poorly made.
- T-Bone Accidents – A T-bone accident occurs when the front portion of one vehicle hits another squarely at the side. These accidents can be deadly even if only passenger cars are involved. It is not difficult to imagine how much worse things can get if a truck is one of the vehicles involved in the crash.
- Rollover Accidents – A truck may roll over if a driver takes to a turn with too much speed. Faulty brakes and slippery roads can also contribute to rollover accidents. You could sue for compensation if your vehicle was damaged by a truck that rolled over.
- Rear-End Accidents – Even a small back bump from a large truck can lead to a disastrous crash. If you were in a rear-end truck accident while traveling in Bexar County, you must hold the trucker responsible for not being more careful.
Who Is Liable in a Head-On Truck Accident?
Pursuing personal injury claims in big rig or commercial vehicle accidents can be tricky because it is not always easy to identify the party responsible for what happened. To identify the party you and your 18 wheeler accident lawyer must go after; you must first understand the nature of the incident. Was the accident the result of intoxication or distracted driving? If so, the blame should squarely be on the shoulders of the truck driver.
They know better than to let distractions or alcohol affect their driving. Instead, they must be held accountable for mistakes they make stemming from those causes. In a situation where the accident was from driver fatigue or speeding, you must consider the trucking company’s role in the incident. For example, the specific rules they set up may have forced drivers to meet unreasonable deadlines. If that is the case, they must shoulder a big part of the blame.
The trucking company’s partners may also be at fault for the accident. That could happen if the investigation reveals that the accident was from an issue such as improper cargo loading. You and your attorney can point out that the accident would not have happened if the partner company had done its job correctly. You can also name the manufacturer of certain truck components in your personal injury lawsuit. Go ahead and include them in your lawsuit if their faulty products caused the accident.
What Evidence Do Lawyers Look for in a Truck Accident?
We mentioned earlier that hiring a semi-truck accident attorney is important because they can investigate your case thoroughly. In addition, they can gather all kinds of evidence to bolster your case. Expect your truck wreck lawyer to contact any witnesses at the scene so they can gather statements. They will also approach any establishments nearby and inquire about the video footage.
Your legal representative will also speak to the police in search of black box data. If the police have any accident reports ready, you can also count on your lawyer to get their hands on those early. Even if they are unlikely to talk, your attorney will still seek a conversation with the tractor trailer driver involved. Any bits of information that come from that interview will be incredibly valuable. Your lawyer will not pass up the opportunity to extract them.
Of course, your own input will be valuable to the case. Try to provide as many details as possible so your attorney can quickly piece things together.
Do I Need a Lawyer if I Have Been in a Truck Accident?
Were you recently involved in an accident with a big rig? In the aftermath of that incident, one of your first calls should be to an accident lawyer who specializes in cases involving big rigs. In this section of the article, we will talk about the important services your attorney can provide.
Your Lawyer Can Handle Conversations with the Trucking Company
If you plan to pursue compensation following your accident, you will need to contact the trucking company involved at some point. They may even get in touch with you first to brush the matter aside. It is important to note that those conversations will likely involve the trucking company’s lawyers.
Naturally, they will use every trick in the book to escape responsibility. Let your attorney handle those conversations so you can avoid making a critical mistake.
Investigate the Accident
Evidence will always be crucial to the outcome of any case. Therefore, you need to collect as much evidence as possible to present a strong case in court. The police investigation should yield a good amount of evidence, but the officers may still miss a few important details. Therefore, it is a good idea to get your personal injury lawyer involved so they can uncover every piece of evidence available.
Negotiate the Terms of Your Settlement
Once the people on the other side understand that they have no chance of winning the case, they will likely seek a settlement. A settlement is not a bad outcome for a personal injury case, but its terms must be favorable to you. Allow your legal representative to handle those negotiations if you want to get the best deal possible.
San Antonio Truck Accident Lawyer
Head-on truck accidents are among the most catastrophic crashes that can take place on Bexar County roads. If you are ever involved in one, you must hire a lawyer fully capable of securing the compensation you deserve. Our San Antonio injury law firm is confident that we have what it takes to fill that role. Contact us today if you are interested in benefiting from our legal expertise.