Without the help of a San Antonio truck accident lawyer, injured motorists are frequently denied just compensation. At the Law Office of Jesse Hernandez, we understand the challenges that you and your family face — insurance company denials and unpaid bills, as well as the emotional grind of chronic pain. Unlike the insurance company’s claim adjuster, we’re here to help.
Dangers and Causes of Truck Accidents
Transportation accidents are the cause of more injuries and deaths than any other type of accident. Unfortunately, accidents involving trucks tend to cause more fatalities. Compared to cars, trucks (especially semi-trucks and eighteen-wheelers) are heavier and less nimble. Their increased stopping distances and heavier weights can easily cause catastrophic injuries. Moreover, some trucking companies value profits more than driver safety — pushing their employees to violate safety rules.
While some truck accidents are unavoidable (for example, some weather-related accidents), many are the cause of a driver or someone else’s negligence. These reasons include:
- Blind spots,
- Excessively heavy loads,
- Driver fatigue,
- Driver carelessness,
- Highway hypnosis,
- Poor truck maintenance,
- Product liability (lawsuits against companies who manufacture defective vehicles or parts), and
In these cases, you have a personal injury claim and are eligible for medical and financial benefits.
Your Rights After a Truck Accident
Under Texas law, a negligent truck driver (and the insurance company) are financially responsible for all injuries from an accident. If you are seriously injured in a truck accident, it is important that you:
- File a police report immediately,
- Seek necessary medical treatment and document your injuries (for example, take pictures),
- Exchange insurance company and other contact information with the other driver, and
- Discuss your legal options with an experienced truck accident lawyer.
Remember, most truck accident claims involve a specific claims process. If you do not file a claim with the correct insurance company, you will not receive compensation. Additionally, you typically have only two years to file a lawsuit against the negligent driver. If you do not file a timely lawsuit, you lose all of your rights to compensation.
What Am I Owed After a Truck Accident?
Injured motorists are eligible for several different forms of compensation. They include:
- Economic damages: Reimbursement of your accident-related financial losses and expenses. This includes your medical bills, lost wages, vehicle repair or replacement costs, and costs related to attendant care.
- Non-economic damages: Compensation for your pain and suffering, loss of companionship, and loss of enjoyment.
- Punitive damages: Awarded by the court to punish a driver for seriously negligent or reckless behavior. (For example, punitive damages may be available if a truck driver was driving while intoxicated.)
It can be difficult for the average person to calculate their damages — especially while recovering from traumatic injuries. An experienced truck lawyer can help you calculate your damages and ensure that you receive fair compensation in your claim.
Handling an Insurance Company Investigation of Your Truck Accident
Once you file a claim, the insurance company will start its investigation. However, insurance companies are for-profit businesses and are inclined to reduce compensation or deny benefits. Insurance claims adjusters frequently try to take advantage of unrepresented motorists by offering undervalued settlements or denying legitimate claims. For this reason, it is in your best interest to speak with a San Antonio truck accident lawyer before accepting a settlement offer.
Truck Accident Litigation
Sometimes, accident claims cannot be settled and a trial is necessary. At your trial, both you and the insurance company will present your evidence and legal arguments (and must follow strict court and evidentiary rules). A judge or jury will then evaluate this information and issue a decision. While you can represent yourself, the insurance company will hire a skilled defense attorney. Hiring an experienced San Antonio truck accident lawyer will ensure that you present the strongest case possible to the judge.
Contact a San Antonio Truck Accident Lawyer Today
Most injured motorists cannot handle their claims without a truck accident lawyer. At the Law Office of Jesse Hernandez, we provide skilled, aggressive representation for victims of trucking accidents. Contact us as soon as possible for a consultation.