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Trucking Accident FAQs • San Antonio

The personal injury attorneys at Trevino Injury Law represent individuals seriously injured in trucking accidents in San Antonio and throughout Texas.

If you or a loved one has been seriously injured as a direct result of the careless, negligent, wrongful, or reckless act of a company, person, or a municipality in an trucking accident we will aggressively advocate for your just compensation.

Wrongful injury or loss of a loved one is devastating. Trevino Injury Law takes pride in addressing clients’ full range of [questions and concerns]. We will make sure you thoroughly understand your rights.

Call the personal injury attorneys of Trevino Injury Law today to schedule your FREE case evaluation with an experienced attorney.

(210) 255-3088

20 Commonly Asked Questions About Trucking Accidents

Q1: Is my case different if I am involved in an accident with a commercial truck, as opposed to an accident with another motor vehicle?
Yes. The trucking industry has high insurance coverage and teams of insurance defense lawyers prepared to fight your claim. On the other hand, truck drivers and trucking companies have many strict maintenance and safety regulations they must adhere to under federal law. They carry a much greater burden of responsibility than the average driver. If a truck driver, company, or manufacturer violates even one regulation it can provide the basis for establishing fault in a trucking accident settlement.

Q2: What is the first thing I should do after an accident involving a large truck?
Call 911 and make sure an ambulance is on the way for anyone who has been injured. If possible, move your vehicle out of the way of oncoming traffic and use hazard lights or road flares to reduce the risk of another crash. Call the police and file an accident report whether or not someone has been injured. Do not admit fault to the police or anyone else at the scene.

Q3: What information should I obtain after a trucking accident?
Collect names and phone numbers of the all other individuals involved in the accident, as well as any witnesses. Obtain the insurance details of the truck driver, but avoid speaking to him or her about the accident. If possible, take photos of the damage to your vehicle, skid marks, road obstructions, and anything that might have been related to the accident. Look for any signs of disrepair or defective equipment on the commercial truck, such as worn tires, insecure cargo loads, and broken mirrors, lights, or windshield wipers.

Q4: Do I need to file a police report?
Yes. You should always file a police report so you can have documentation of the events when you go to make a claim. Stick to the facts and do not take liability for the accident.

Q5: Should I speak to the truck driver’s insurance company?
Absolutely not. Trucking company insurance agents and adjusters will look for ways to diminish your claim. You should hire a personal attorney to handle all communications with the truck driver’s insurance company. When you speak to the insurance agent, you are at great risk of having your words used against you. This could end up reducing your future compensation.

Q6: Do I have a right to compensation for damage and injury caused by a trucking accident?
Your have a right to compensation for any accident that is not your fault, or is only partially your fault. If you are in an accident caused by a truck driver’s reckless or negligent behavior, or by a trucking company or manufacturer’s failure to properly inspect and repair their equipment, you have a right to be compensated for property damage, medical expenses, loss of wages or earning capacity, mental anguish, physical disfigurement or impairment, loss of consortium, and loss of services.

Q7: Can I get treatment for my injuries without insurance?
It is against the law for a hospital’s Emergency Room to refuse to give emergency treatment. Many, though not all, health care providers will also accept a Letter of Protection (LOP) from an attorney. An LOP tells a provider that you have a claim pending and the attorney will pay the medical bills out of the proceeds of that claim.

Q8: Should I see a doctor even if I don’t feel injured?
Yes. Many trucking accident injuries do not become apparent until after some time has passed. Pain and stiffness from soft tissue injuries, for example, may not be felt until days after an accident. Some seemingly minor injuries can become more severe and even permanent if left untreated. See a doctor as soon as possible and request a full medical evaluation. This will protect your long-term health, and also provide documentation to support a personal injury claim.

Q9: How much money will an attorney cost me?
Most personal injury and death cases are taken on a contingency fees basis. This means the client pays the attorney nothing up front. The attorney only receives a percentage of the proceeds collected from a claim. If the claim is unsuccessful, the attorney is paid nothing.

Q10: Can I receive compensation for vehicle repairs after an accident with a commercial truck?
Yes. After an accident due to a truck driver or trucking company’s negligence you have the right to be compensated for the damages to your vehicle. The insurance carrier for the truck driver or company at fault should pay for vehicle repair. If the vehicle is totaled, then its fair market value will be paid.

Q11: Can I receive compensation for medical costs?
Yes. After an accident due to a truck driver or trucking company’s negligence you have the right to be compensated for personal injuries and medical costs. This includes past and future hospital expenses, medical treatment, therapies, and rehabilitation.

Q12: Can I receive compensation for pain and suffering?
Yes, pain and suffering is a type of damage that can be compensated in a personal injury case. The amount of compensation is directly related to severity of the injury. A claimant can recover damages for past and future pain and suffering, including physical pain, impairment, and disfigurement, and mental and emotional anguish.

Q13: When should I contact an attorney?
You should contact an attorney as soon as possible. Locate an attorney that specifically handles trucking accident lawsuits to receive legal advice and guidance for medical, insurance, and legal processes. The sooner you talk to an attorney, the better your chance of receiving full compensation for damages.

Q14: What determines who is at fault is an accident involving a tractor-trailer, semi-truck, or eighteen-wheeler?
Texas uses “modified comparative fault” rules to decide the outcome of auto accident insurance claims and lawsuits. “Modified comparative fault” means that fault can be shared by all parties involved in an accident. If there are two drivers involved, both have the potential to be assigned all the blame, none of the blame, or a percentage of the blame. The exact percentage of fault assigned to each party will be determined by the insurance investigation or in-court evidence.

Trucking accidents generally involve more than two vehicles, adding more complexity to the investigation. Furthermore, the fault may not lie with the driver of the truck, but with the company employing the driver, or the truck or equipment manufacturer. Federal law heavily regulates commercial trucks and drivers. Any violation of inspection regulations or length of shift limitations can place blame on the truck driver, company, or manufacturer.

Q15: Who can sue in a truck accident property damage, personal injury, or wrongful death case?
The injured victim and sometimes a close family member of the injured victim, such as a spouse, are able to sue for personal injury and property damage. If a loved one has been killed in a trucking accident, a family trustee or can sue the truck driver or company on behalf of the deceased’s family.

Q16: Will I need expert witnesses to establish fault in a trucking accident?
Trucking accident settlements require thorough investigation into the truck driver, trucking company, and equipment manufacturer’s inspection reports, maintenance records, and driving logs. An expert can determine whether any of this information was improperly reported or falsified. Experts are also needed to assist in the investigation and analysis of the accident, specifically in examining for defective equipment or improper loading of truck involved.

Q17: Is it necessary to obtain a copy of the truck driver’s log?
The information found in a driver’s log can be critical in establishing fault in a trucking accident. Hours of service laws strictly limit how many consecutive hours a driver may be on the road, and prescribe minimum hours of rest to prevent fatigue. If a driver’s log reveals that hours of service rules were broken, or that the log was improperly kept, it can add strength and credibility your claim.

Q18: If I file a claim, will it affect my insurance rates?
The short answer is maybe. Insurance carriers have different policies. Generally, one claim will not affect your rate if you are not at fault. However, if it is the third claim in less than one month your rate may increase even if it was not your fault.

Q19: What if I cannot work due to my injuries?
After an accident due to another’s negligence you have the right to be compensated for lost income, even if your employer offers paid vacation or personal time off.

Q20: Do I have a case?
If you or a loved one has been injured or killed due to the reckless or negligent act of a truck driver, trucking company, or trucking equipment manufacturer, then you have the right access a court and file a claim for compensation. Every scenario is different and requires the help of a trucking accident attorney.

Start Your Claim Today!

Trevino Injury Law is a San Antonio based law firm who works on a “contingency fee basis” on all personal injury cases. Simply put, we only get paid if we win your case. If there is no recovery, you pay nothing.

“Trevino Injury Law is a leader in personal injury law with trial experience that speaks for itself.”Candelario Trevino

Call the personal injury attorneys of Trevino Injury Law today to schedule your FREE case evaluation with an experienced attorney.

(210) 255-3088

 

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Top 10 Most Asked Questions After an Auto Accident

 
 

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