18 wheeler accident lawyer San Antonio
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| 18 wheeler accident lawyer San Antonio |
18 wheeler accident lawyer San Antonio
18-Wheeler Accident Attorney San Antonio
If you or a loved one has been injured in an 18-wheeler accident, contact the 18-wheeler accident attorney at Wayne Wright Law Firm. The number is 210-934-4037 and our 18-wheeler accident lawyer will fight for your rights.
All 18-wheeler accidents are not the same from a legal perspective. Some 18-wheeler accidents can be considered car accidents and most 18 wheelers also carry passenger vehicles on their trailers. Anytime there is an 18-wheeler involved in an accident, it is important to find out if there was a passenger vehicle on the trailer because if there was, the case would most likely fall under personal injury law instead of trucking law. Here at Wayne Wright we fight both cases.
Why Are 18-Wheeler Accidents SO Dangerous?
18 wheelers aren’t just dangerous for their owners – they’re dangerous for other drivers on the roadways. 18 wheelers are so dangerous because 18 wheelers carry up to 80,000 pounds of freight with a length of over 50 feet long. One 18-wheeler accident can stop traffic for hours, cause catastrophic damage and injury, and even result in death. This is where we come to your rescue.
If you have been injured in an 18-wheeler accident or if someone close to you has passed away due to 18 wheeler negligence, please call us today at 210-934-4037 . We are here to help you.
You Do Not Pay Us Unless We Win Your Case
18-wheeler or 18 wheelers accidents are perhaps the most dangerous car crashes you could ever be involved in.
Why 18-Wheeler Accidents Are SO Dangerous: 18 wheeler accidents involve the potential for unparalleled damage and destruction. The sheer size of these commercial trucks makes them that much more devastating than other types of motor vehicles when they collide with smaller passenger cars and motorcycles.
18-wheelers, also known as big rigs, tractor trailers, 18 wheelers, semis, semi-trucks, and eighteen wheelers can weigh upwards of 80,000 pounds – a weight which is often greatly exceeded in a fully loaded rig. They take up a lot of space on roads and highways which means they need to make wide turns when navigating. Lots of room for an 18-wheeler driver to make mistakes that can cause harm.
Here at Wayne Wright Law Firm, we have the experience to fight large trucking companies. Experience matters to win a trucking accident case.
What Should I do IF I AM HIT BY an 18-Wheeler Truck?
Your wellbeing is the first and most important.
Assess the damage
Do not admit fault or partial fault
Be very careful what you say
Take pictures of the accident
Call an attorney immediately 210-934-4037
You Do Not Pay Us Unless We Win Your Case – We are UNDEFEATED in 18 wheeler accidents cases!
In 18-wheeler accident cases, the main element that seems to be consistent is negligence. 18-Wheeler Accidents are most commonly caused by one of three things: driver fatigue, speeding, and distracted driving. If you or a loved one has been injured in an 18-wheeler accident you will want an attorney on your side as quickly as possible!
Can I Sue 18-Wheeler Trucking Companies?
The 18 wheelers have 18 wheels – obviously – but they also serve vulnerable road users such as automobiles and motorcycles. The law gives special protection to what it labels “vulnerable” drivers or passengers. So if you were inside of a car when hit by the 18 wheeler, then yes, there is strong possibility that you can.
Do I need an injury lawyer is I was hit by an 18-wheeler or company vehicle?
The short answer is Yes. 18 wheeler trucking accidents are especially complex. This is why 18 wheeler accident lawyer‘s exist and specialize in this niche. And this is also the reason 18 wheeler accident cases can take a long time to settle or get to trial. Here at Wayne Wright we have handled 1000’s of semi-truck accident cases and have won every single one. We are so confident that we will win your case that you will not pay us a penny until we win your case. Our law firm is undefeated in San Antonio, Texas
The question then becomes whether you want to go through the trouble of dealing with 18 separate insurance companies and 18 separate claims when it comes to your 18 wheeler accident case?
Can I hire an attorney after my 18-wheeler Accident?
Not hiring an attorney immediately after your 18-wheeler Accident will leave you at a severe disadvantage in regards to seeking fair compensation for damages sustained following your truck
“18 Wheeler Accident Attorney”, “Tractor Trailer Accident Attorney”, “Semi Truck Accident Attorney” “trailer 18-wheeler 40 ton accident car crash 18 wheeler rig tractor semi big.
What To Do After A 18 Wheeler Accident?
The amount of confusion immediately following a 18 wheeler crash can be great. You’ll want to make sure the police and any necessary emergency workers are called immediately to assist with any injuries or burns.
The police will take extensive notes, statements from all the involved parties and any witnesses, and take photos as part of their accident report. If possible, you will also want to document as much as you can, including witness statements.
If your phone’s camera is working, be sure to take as many pictures as possible of the damage to your vehicle and any injuries you and any other passengers sustained. Doing so can help you ensure that anything the police missed is still documented.
What Are The Leading Causes of 18 Wheeler Accidents?
Driver Error – Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their 18 wheeler while under the influence or while distracted.
Poorly Maintained 18 Wheelers – 18 heeler are often driven thousands of miles per week and if they are not properly cared for, they can become dangerous quickly. While worn brake pads or a cracked windshield must be dealt with if they occur on smaller vehicles, they can be the cause of a major traffic accident on a 18 wheeler.
Equipment Failure – Defective parts on a 18 wheeler may not be the fault of the driver, but they can turn deadly. Your attorney will be able to tell if a 18 wheeler company or manufacturer may be liable for your accident in addition to the 18 wheeler driver.
Improperly Loaded Cargo – Loading the beds of commercial 18 wheeler must be done carefully and in accordance with the law. If they are loaded improperly, the contents on the 18 wheeler may spill out onto the road and cause accidents and injuries.
Contact San Antonio’s 18 Wheeler Lawyers
Hardship comes in all forms. From being blindsided by an auto accident to suffering at the hands of another person’s negligence, Wayne Wright Injury San Antonio Lawyers are here to ensure you are compensated and able to get your life back on track.
SAN ANTONIO 18 WHEELER ACCIDENT ATTORNEYS
Were you or a loved one injured or killed in a recent 18-wheeler accident? The problem with 18-wheeler accidents is they cause terrible damage to the people and property around them. The accidents are frequently caused by the driver behind the wheel, and other people pay the price for this negligence. If your property was damaged or you were injured in an 18-wheeler accident, it’s essential to call a San Antonio personal injury lawyer as soon as possible.
There are plenty of 18-wheelers in and around San Antonio. These vehicles keep our economy moving, but they can cause serious injuries in the event of an accident. If you or someone you love has been injured in an accident with a large truck, the Villarreal & Begum, LAW GUNS is here to help. Our San Antonio 18-wheeler accident attorneys will work to secure the compensation you deserve.
LET THE VILLARREAL & BEGUM, LAW GUNS GET TO WORK
After an incident as severe as a San Antonio 18-wheeler accident, seek assistance from an attorney that has the trust of the community. The Villarreal & Begum, LAW GUNS is ready to help. Contact us today for a free case evaluation.
We focus exclusively on personal injury law so that you can count on our extensive and specialized knowledge in large truck accident cases.
We have a 99% success rate and have secured more than $500 million in compensation for our clients through successful verdicts and settlement negotiations.
We take all San Antonio 18-wheeler cases on a contingency fee basis. This means you do not owe us any legal fees until after we secure the compensation you are entitled to.
BENEFITS OF USING A SAN ANTONIO SEMI-TRUCK ACCIDENT LAWYER
Truck drivers are often hired by large trucking companies that put together strong legal teams to protect their bottom line. The less they pay out in claims, the more money they keep. You need a team of attorneys with experience fighting these large companies.
The Villarreal & Begum, LAW GUNS is a San Antonio truck accident based legal team of compassionate and hard-working lawyers. We boast a long and proud history of representing clients injured by 18-wheeler accidents. We provide a nurturing and encouraging atmosphere because we understand that 18-wheeler accidents often result in serious trauma, injury or death. Even if a driver is thrown behind bars for driving drunk or endangering people’s lives, you don’t get payment or reimbursement for your medical bills or property damage without going through the claim or litigation process.
We work tirelessly to ensure that the insurance companies or truck company pays for their negligence. Your fight against a negligent driver is more than a call for money. It’s a way to protect your family and fellow Texans from these types of negligent drivers in the future.
When you get in an 18-wheeler accident you may be forced to pay for long-term medical care and even rehabilitation. Not to mention there’s a good chance you miss work and lose out on essential wages.
HOW COMMON ARE 18-WHEELER ACCIDENTS?
According to the Federal Motor Carrier Safety Administration (FMCSA), a fully-loaded 18-wheeler can weigh as much as 80,000 pounds. Serious accidents can occur when these trucks collide with traditional passenger vehicles. During the latest reporting year in the US, there were more than 4,900 people killed and approximately 151,000 people injured in large truck crashes.
According to the Texas DOT, during the latest reporting year in the state, semi-trucks were involved in:
465 fatal crashes
786 suspected serious injury crashes
2,530 suspected non-incapacitating injury crashes
3,406 possible injury crashes
COMMON INJURIES IN 18-WHEELER CRASHES
The San Antonio 18-wheeler truck accident lawyers at the Villarreal & Begum, LAW GUNS regularly help clients who have sustained the following in an incident:
Broken or dislocated bones
Severe lacerations or amputations
Internal organ damage
Internal bleeding
Traumatic brain injuries
Spinal cord injuries
Truck accidents are often caused by the careless actions of the truck driver. This can include drivers failing to abide by regulations pertaining to how many hours they can operate daily, leading to driving while fatigued. There are also times when drivers operate while distracted or while impaired by alcohol or drugs.
Trucking companies can also be held liable for accidents. Companies must ensure that they follow proper hiring and training practices for drivers. They must also regularly inspect and maintain each vehicle to ensure they are in proper working order. If any part of these large trucks fails well operating at higher speeds, the results could be devastating.
HOW MUCH COMPENSATION IS AVAILABLE?
If you or a loved one has been injured in a semi-truck accident caused by the negligence of a truck driver or trucking company, let the Villarreal & Begum, LAW GUNS get to work on your behalf. Our qualified and experienced team will investigate your case and more to secure the compensation you deserve. This can include:
Coverage of all truck crash-related medical expenses
Lost income if you are unable to work
Pain and suffering damages
Loss of enjoyment of life damages
Possible punitive damages against a negligent truck driver or trucking company
Truck Accident Attorneys San Antonio
Did you know that every eighth fatal car accident affects big trucks like big rigs, tractor units, and other commercial vehicles? Did you also know that four percent of all motor vehicle accidents are due to large trucks? When a commercial vehicle is involved in an accident, a large percentage of the injured are drivers and passengers of the smaller vehicles involved in the accident. In the aftermath of an accident, victims can be left confused, scared and traumatized. Accidents with trucks involve a very different set of issues than normal automobile accidents. Our lawyers for personal injury are familiar with the peculiarities of accidents involving tractor units and semitrailer tractors. We have the necessary resources to track your case. It can be costly to track and properly investigate truck accidents. The resources needed to accomplish these tasks are essential. So, if you or a loved one have been involved in a car accident involving a semi-truck, you have rights and we’re here to make sure you have all the help you need.
Causes of Truck Accidents
As with any other type of vehicle, tractor-trailers are sometimes the cause of accidents and sometimes the victims. In addition to the normal roadside hazards such as distracted drivers and speeding, truck drivers often have to put up with the risk of fatigue that can develop after long stretches on the steering wheel. This is because truck drivers are often paid by the load. So, to earn more money, you have to make more deliveries. This can only be achieved by driving longer. This lack of calm is regulated by various government agencies, but these rules are not always followed.
In addition to the risk of negligence on the part of a truck driver, the vehicle itself may present a danger to other drivers. Occasionally, trucks are incorrectly loaded or insufficiently inspected before the driver begins his route. Mechanical failures during operation may result in loss of control over a 40-ton vehicle. Sometimes badly loaded cargo can fall off the truck and damage unsuspecting drivers. These are just a few of the unique problems commercial vehicles face.
The extent of a car accident with a truck is another variable in such cases. The sheer size and weight of these large utility vehicles increase the risk of fatalities and serious injury to persons involved in a truck accident (including the truck driver). Commercial vehicle accidents often lead to traumatic brain injury, broken limbs and broken bones, severe damage to the neck and back, and neurological damage.
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Determining the Cause of Your Truck Accident
Like car accidents, most commercial truck accidents are caused by something the driver did wrong or failed to do. Sometimes a trucker wrecks while performing an unsafe or illegal maneuver, such as executing an improper lane change, running a stop sign, or otherwise failing to yield the right of way. Sometimes it is as simple as not looking long enough or closely enough and turning into the path of an oncoming vehicle. Some of the common types of truck driver negligence include:
Speeding
Speeding is the most common cause of truck driver accidents, according to the Federal Motor Carrier Safety Administration (FMCSA), which regulates the trucking industry. It is well understood how speeding or driving too fast for conditions, such as inclement weather or congested traffic, makes it more difficult to slow down or stop in time to avoid a collision. Speeding combined with tailgating leads to many rear-end crashes involving trucks
Drugged driving
Drugged driving is far more prevalent in the trucking industry than drunk driving because of strict testing of commercial truck drivers for alcohol consumption. Truckers involved in crashes have been found to have used stimulants like amphetamines, cocaine, and methamphetamine (“meth”) to stay awake and keep driving, often in violation of HOS regulations. At the same time, truckers can overlook the fact that certain prescribed and over-the-counter drugs cause drowsiness and other adverse reactions that impair driving ability. Drunk driving accidents, though rare, occur in the trucking industry, as well.
Cargo Shift
Cargo Shift. In a truck rollover accident or a jackknife (when cab and trailer slide toward each other like a folding knife), investigators consider whether a sudden cargo shift may have caused the accident. If it is improperly loaded and/or not secured, cargo can move and possibly break free and change the truck’s center of gravity. This may lead to a rollover, a jackknife accident, or simply loss of control, which causes the truck to crash.
Distracted driving
Distracted driving is the second-most common reason truckers cause accidents. Distracted driving, particularly texting while driving, continues to be a problem despite the increasingly documented danger and regulations prohibiting any use of hand-held cellphones while operating commercial motor vehicles. Inattention can also refer to daydreaming or thinking about anything that causes a trucker to neglect the operation of his or her vehicle while behind the wheel.
Vehicle Failure
Vehicle-related factors contribute to fewer truck accidents than human error, but they do occur. Crashes may be due to the failure of brake systems, tires, power trains, wheels, coupling systems, lighting, and/or other parts and components. The Insurance Institute for Highway Safety (IIHS) cites a 2010 study that says post-crash inspections of trucks indicated that more than half had at least one mechanical problem that violated FMCSA regulations, and almost 30 percent had at least one condition that should have resulted in the vehicle being taken off the road. Trucks may also crash due to ignored maintenance needs or faulty manufacturing of parts and systems.
Road Conditions
Occasionally, faulty design or lack of maintenance of a roadway contributes to an accident. For example, overgrown trees at an intersection may obscure the view, or neglected potholes can cause a driver to lose control of the vehicle and crash. Local governments and/or contractors responsible for roadways may be held liable for road conditions that contribute to truck crashes.
Work Zones
When contractors set up restricted areas for highway construction or maintenance, they must follow design protocols that provide adequate warning and time to slow down, as well as space and barriers between traffic and workers. Work zone setup must consider the additional distance required to stop a large truck, as well as posted highway speeds, anticipated traffic congestion, and more.
Many drivers take for granted that most motorists follow the rules of the road while driving. Often they may not even realize they are in significant danger sharing the road with so many drivers, especially the drivers of large 18-wheelers. Due to the sheer size of these machines people can be greatly or catastrophically hurt in big rig accidents.
At Carabin Shaw we aim to protect the rights of the families of personal injury and wrongful death victims, and actively seek the highest compensation for pain and suffering, lost wages, medical expenses and many other things you may not think to ask for. If you or a loved one has been injured by a commercial truck driver call our offices today so you can set up a time for you to come in and speak with our San Antonio 18 wheeler accident attorney to see what action you should take in your case.
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You may be approached by representatives of the insurance company and asked to answer what sounds like standard questions after being involved in an 18-wheeler accident. It is imperative to know your rights before you speak to an insurance agency to protect your case and future award. The first step in securing these items is coming in for a free consultation to speak with our seasoned San Antonio truck accident lawyers and the rest of the team who will work diligently to protect you and your families best interests.
There are many ways drivers of big rigs put others on the road in serious danger. More often than not it is simply a result of the driver not following appropriate protocol. For example, failing to take time for required rest breaks, or not properly logging their driving hours. But sometimes, drivers may drive carelessly because they feel pressured to meet strict deadlines put on by their employer. There are countless ways a driver may be negligent and endanger others on the road if you find yourself a victim in an 18-wheeler accident rest assured we at Carabin Shaw are on your side and we are here to help you 24/7. Give us a call so we can start helping you today.
Our San Antonio 18 wheeler accident attorney protects victims who were severely injured as a result of:
Tire blowouts
Truck driver fatigue
Mechanical failures
Reckless driving and speeding
Failure to obey traffic laws and signs
Distracted driving
Texting while driving
Violations of the regulations set by the Department of Transportation
Failure to take proper safeguards when backing up or driving within city limits
Federal Motor Carrier Safety Administration, including failure to take required rest breaks or failure to correctly log their hours
We will determine all parties who may be at fault for the accident by thoroughly investigating your accident claim with professional resources, such as an crash-site reconstruction specialist. This could include the company that failed to enforce certain regulations set by the industry like weight and load restrictions, the company that leased trailers that may not have received proper maintenance, or it could be the actual truck driver.
The reality is the fault of an accident can rest in many hands. Naturally, our 18-wheeler accident attorney serving San Antonio will first look to the driver to see what they may or may not have done that resulted in an injury or death. Then we will seek out the employer of the driver to see what liability they may have. We will then move on to the manufacture of the truck to see if any mechanical issues played a part in the wreck. We will continue this process until we have peeled back all the layers of your case and revealed all the responsible parties.
Working with medical experts when necessary, we will seek to get you the highest compensation from all negligent parties and their insurance companies. In doing so, we will be able to recover damages such as lost wages, medical expenses, loss of companionship, and anything else we see fit to help you heal and recover after you’ve been in an 18-wheeler accident.
San Antonio 18-Wheeler Accident Lawyer
When 18-wheeler accidents occur they devastate victims and their families because of the large scale damage and severe injuries that frequently result. These accidents remain challenging to all involved because of their complexity, and victims typically have a long recovery time, if they recover at all. With increased damages, large insurance policies, and often multiple parties, 18-wheeler accident cases require the expertise of a seasoned San Antonio 18-wheeler accident lawyer who knows how to navigate all of the elements and factors involved.
If you or one that you love have been injured in an 18-wheeler accident, contact The Law Offices of George Salinas in San Antonio at (210) 934-8689 for a free consultation to discuss the details of your case. Let one of our skilled San Antonio 18-wheeler accident lawyers begin working on your case as soon as possible, so the two-year statute of limitations to take legal action under Texas law doesn’t run out.
Increased Trucking Accidents in Texas
The Texas Department of Transportation (TDOT) estimates that semi-trailers and tractor trucks had almost 25,000 crashes on Texas roads in 2017. About 3,300 of those crashes resulted in injuries, some incapacitating, and 433 causing one or more fatalities. These alarming statistics only begin to paint a picture of trucking accidents in Texas. With Texas’s growing population and economy, these numbers represent an increase from previous years. Continued industry and development in the Eagle Ford Shale development especially put South Texas motorists at risk of an 18-wheeler truck accident because of an increased number of trucks on the road. As local news reports have highlighted, the danger posed on Texas roads and highways is real for those who must share the space with 18-wheelers.
What are the Common Causes of 18-Wheeler Accidents
Drivers of 18-wheelers are governed by special rules and regulations for commercial vehicles. They also have the same legal obligation as other drivers to drive carefully. Sometimes a trucking company’s poor maintenance or a truck or tire defect might lead to an accident. Other times, motor vehicle drivers cut semi-trucks off and cause accidents. Yet, many 18-wheeler accidents are caused by negligent semi-drivers who violate traffic violations. The Federal Motor Carrier Safety Administration reports the following common traffic law violations as causes of trucking accidents:
Distracted driving is any activity that takes attention away from driving. This might include adjusting the radio, programming a GPS, eating, and more. These things are not strictly illegal, but federal law prohibits commercial drivers from using a cell phone. Semi drivers may push one button to start or end a call, but they must use a hands-free feature to talk. Truck drivers who text while driving are violating federal and Texas state law.
Driving under the influence is something that the average person hopes an 18-wheeler driver doesn’t do. Unfortunately, studies show that alcohol and drug use among truck drivers remains common because of long work days and tough conditions. The Federal Motor Carrier Safety Administration (FMCSA) estimates that 13 percent of truck drivers involved in fatal crashes in 2016 had drugs in their system. More than one out of five had a blood alcohol content higher than 0.08, and the legal limit for 18-wheeler drivers is 0.04. Drugs and alcohol impair a driver’s ability to react to hazards and judge time and distance, often resulting in serious or fatal accidents.
Speeding may not always cause an accident, but it remains the most common factor associated with fatal semi-truck accidents. Out of all the fatal large truck accidents in the United States in 2016, about a third of drivers were speeding. Semi-trucks, depending on how much their load weighs, are between 20 and 30 times heavier than the average car. When 18-wheeler drivers go too fast, especially in inclement weather, the driver has difficulty stopping or making adjustments for dangers on the road.
Failure to yield also makes it difficult for 18-wheeler drivers to stop quickly when they notice another motor vehicle. Sometimes they may not see the other vehicle. Failure to yield often coincides with distracted driving, but it’s also a result of truck drivers who are laser focused on their schedule and getting to their destination, instead of paying attention to the road.
Failure to obey signals is another traffic violation that often is a result of distracted driving. Most drivers, car, truck, or otherwise, don’t intentionally disobey traffic signals and stop signs. Yet, if they are distracted and focused on other things, it’s easy to miss a signal or stop sign. When cars strike an 18-wheeler that has run a traffic signal, they are at risk for an under-ride accident which happens when the car gets stuck under the truck. Under-ride accidents typically result in catastrophic injuries and are often fatal.
Tailgating often occurs because truck drivers are in a hurry to get to their destination. Driving safely behind another vehicle involves leaving a two-second gap. The mass of an 18-wheeler requires extra space to slow down. The FMSCA recommends that tractor-trailer drivers leave a four to five second gap depending on how fast they are traveling. When driving in rain and snow, drivers need to leave at least eight seconds between them and the car in front of them. When an 18-wheeler driver follows too closely they risk serious accidents that might include totaling the car in front of them.
What are Injuries that Result from 18-Wheeler Accidents
Injuries sustained in an 18-wheeler truck accident aren’t much different than those sustained in other types of motor vehicle accidents, except the weight and force of a truck makes injuries far more severe and more likely to be fatal. Some common injuries that might occur in a truck accident include:
Fractured and crushed bones
Deep lacerations that might leave scars
Head injuries that might include blunt force trauma to the head and/or traumatic brain injuries
Neck injuries including whiplash
Back and spinal cord injuries that might lead to temporary or permanent paralysis
Organ damage
Internal bleeding
Loss of limbs
Burns that might lead to scarring in the event of an explosion or fire
Reported Commercial Motor Vehicle Crashes; Bexar County San Antonio, TX
Source: www.txdot.gov
Liability in Texas 18-Wheeler Accidents
Truck accident cases generally have layers of complexities because of drivers, their employers, and their insurance carriers involvement in a lawsuit. South Carolina is a tort liability state, which means the insurance companies and court will determine fault in an accident. Liability might fall solely on the truck driver, especially if he was violating traffic regulations such as drinking and driving or using a cell phone while driving. Other times, poor truck maintenance or a manufacturing defect in the truck might have led to the accident, making the trucking company or a third party liable. Finally, in some cases, multiple parties might share liability. For example, if a trucking company forces their driver to drive more hours per day than allowed by the Federal Motor Carrier Safety Administration (FMCSA) or forces a driver to take a truck that needs service, the driver and the trucking company might share responsibility.
Seeking Compensation in Texas 18-Wheeler Accidents
If you have been involved in an 18-wheeler accident and sustained injuries, Texas law entitles you to sue for damages to recover losses related to the accident and your injuries. Settlements and court awards vary based on the severity of injuries and amount of economic and non-economic loss. Here are some common damages that 18-wheeler accident victims might be able to recover:
Medical costs including ambulance rides, emergency room treatment, hospitalization, radiology, surgery, medication, and more
Future medical costs for rehabilitation, long-term disabilities, or severe injuries that require multiple surgeries
Lost wages for missing work due to an injury
Lost earning capacity in the event that a permanent disability prohibits a victim from returning to their job
Non-economic damages such as pain and suffering, scarring and disfigurement, and loss of consortium with a spouse
Comparative Fault in Texas 18-Wheeler Accidents
When trucking companies and their insurance carriers are names in a personal injury lawsuit, they will attempt to reduce the value of a claim or avoid liability altogether. While there are several strategies the defense might use such as downplaying injuries, trucking companies distancing themselves from the driver, and suggesting the accident did not cause the plaintiff’s injuries, it’s not uncommon for the defense to attempt to shift blame to the accident victim because of Texas’s modified comparative fault rule. Comparative fault is the notion of shared liability; the court assigns fault to each party and reduces any award for the plaintiff by their percentage fault. In the event that the plaintiff is 51 percent or more at fault for their own injuries, Texas law bars them from collecting damages.
