San Antonio Truck Accident Attorneys
Texas roads can be unpredictable, and when the unexpected happens, such as a serious trucking accident, the repercussions can shake the very foundations of your life. At The Law Offices of Tyler & Peery, we grasp the profound impact that such collisions can have on your world.
Many of our San Antonio truck accident lawyers are board-certified in personal injury law by the Texas Board of Legal Specialization. Since we started our firm in 1990, we have focused our practice on handling major accident cases involving cars and trucks, with a proven record of results.
Call us at 210-340-0900 for a free evaluation of your case.
Types Of Truck Accidents In Texas
The consequences of being injured in a severe automobile accident involving a car and truck can be overwhelming. You need an attorney who understands what causes trucking accidents as well as who can be held liable for different types of accidents. At The Law Offices of Tyler & Peery, we offer experienced representation and personalized attention. We understand what steps are necessary to ensure you recover the full compensation you deserve.
We are board-certified personal injury attorneys experienced with all types of accidents involving large trucks like 18-wheelers. Regardless of the type of truck involved, there are usually more complex causation and liability issues in these types of accidents.
In the busy city of San Antonio, the presence of commercial trucks is an everyday reality. Unfortunately, with this comes a higher incidence of accidents, particularly along notorious stretches such as the I-10, I-35, and Loop 1604. As skilled and experienced trial lawyers, we have thorough understanding of all types of car and truck accidents, including:
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The involvement of these trucks in accidents can be due to factors such as the driver’s experience and training, vehicle condition, and the particular challenges associated with operating each type of vehicle. For example, the long stopping distances for semi-trucks, the visibility issues for box trucks, the stability concerns for flatbeds, or the hazardous materials in oil tankers all present specific risks that can contribute to accidents.
What Are the Most Common Types of Truck Accidents in San Antonio?
In Texas, as in many other places, there are several types of accidents that commonly occur due to a variety of factors including road conditions, driver behavior, and vehicle maintenance issues. Here are some of the most frequent types of truck accidents that occur in San Antonio:
- Rear-end collisions: These can happen when a driver fails to stop in time, often because of distracted driving, following too closely, or due to the increased stopping distance required for heavy vehicles.
- Jackknife accidents: This type of accident occurs when the trailer of a semi swings out and forms an acute angle with the cab, resembling a folding pocket knife. This can be caused by sudden braking, slippery roads, or improper maneuvering.
- Rollovers: Trucks can roll over if they take turns too quickly, if loads are improperly secured or distributed, or if they hit obstacles in the road. High centers of gravity can make them particularly susceptible to rollovers under certain conditions.
- Underride accidents: These occur when a smaller vehicle hits a truck from behind or from the side and slides underneath the trailer. This can happen if the smaller vehicle is following too closely. Underride guards are meant to prevent these accidents, but they are not always effective.
- Blind spot accidents: Trucks have much larger blind spots than passenger vehicles. If the driver changes lanes without noticing a vehicle in its blind spot, it can lead to a collision.
- Lost loads: If cargo is not properly secured, it can fall off the truck and onto the roadway, creating hazards for other vehicles.
- Head-on collisions and T-bone accidents: These can be particularly severe when they involve a large truck and a smaller passenger vehicle, often occurring at intersections or when a vehicle crosses the centerline of the roadway.
- Tire blowouts: Due to the heavy loads carried by trucks, their tires can be under a lot of stress, and if they are not properly maintained, they can blow out, leading to loss of control.
What Are the Primary Causes of Texas Truck Accidents?
After a trucking accident, it’s important to start a thorough investigation immediately of the causes of the accident. At The Law Offices of Tyler & Peery, we work diligently and quickly to uncover what went wrong, why the accident occurred, and how we can obtain financial compensation for your damages.
Our experienced San Antonio truck accident attorneys represent clients throughout Texas who have been seriously injured by 18-wheelers and other types of trucks. We have been doing this for over 20 years, with a proven record of results.
There can be many factors that contribute to or cause a truck accident. These factors include:
- Distracted driving: Was the truck driver talking on a cellphone, sending emails, or using other means of communication rather than being attentive to the road?
- Truck driver fatigue: Was the truck driver fatigued from too many hours on the road without proper rest breaks?
- Negligent hiring of truck drivers: Did the trucking company fail to verify the driving history, accident history or driver credentials?
- Truck driver negligence: Was the driver speeding, taking wide turns, driving recklessly, drinking, sleeping, or utilizing stay-awake drugs or other illegal substances?
- Negligent truck maintenance: Did defective brakes, poorly maintained tires or other improperly maintained equipment cause the accident?
- Defective products: Did defective brakes, poor hydraulics, defective tires or other defective equipment cause the accident?
- Other contributory factors: Did improper load balancing, overweight load, blind spots, sudden lane changes, negligent road maintenance or other causes lead to the jackknife, rollover or other truck accident?
- Weather Conditions: Texas can experience a variety of weather conditions, including heavy rain, fog, ice, and high winds, all of which can affect a trucker’s ability to safely operate their vehicle.
- Road Conditions: Poorly maintained roads, construction zones, and inadequate signage can contribute to accidents. Sharp turns, steep grades, and uneven road surfaces can also present hazards for trucks.
- Traffic Flow Interruptions: Sudden stops, traffic congestion, and erratic behavior by other motorists can create situations where truckers must react quickly, which can lead to accidents if the driver is unable to maneuver safely.
- Speeding: Trucks require a longer distance to stop, and speeding exacerbates this issue. This can lead to more severe accidents due to the increased force of impact.
- Regulatory Violations: Overlooking regulations such as hours-of-service limits, which are designed to prevent driver fatigue, can lead to accidents.
- Equipment Failure: Sometimes components of the truck may fail due to manufacturing defects or wear and tear, which can cause the driver to lose control of the vehicle.
For truck accidents of all kinds, we can use our experience in accident investigation to evaluate these factors.
What is the Financial and Emotional Impact of Truck Accidents?
The ripple effect of a truck accident is felt far and wide. Victims find themselves battling not only with physical pain but also financial stress and the scars of emotional trauma. Medical bills can mount at an alarming rate, and with injuries potentially keeping you from work, the economic impact only deepens. This financial burden can cast a long shadow, fueling stress and clouding your future.
It’s crucial not to overlook the psychological aftermath as well. Survivors can be haunted by anxiety, depression, or even PTSD. These invisible wounds can strain personal relationships, hinder daily functioning, and erode the overall quality of life.
What Sort of Injuries Are Sustained by Truck Accident Victims?
Victims of truck accidents in Texas can sustain a wide range of injuries, some of which can be quite severe due to the size and weight of commercial vehicles. The most common injuries include:
- Whiplash and other neck injuries: These are common in rear-end collisions and can range from mild to severe.
- Head injuries: Including traumatic brain injuries (TBI), concussions, and other forms of head trauma.
- Spinal cord injuries: These can result in paralysis (such as paraplegia or quadriplegia) or other long-term disabilities.
- Broken bones: The force of a truck collision can easily break bones, which can range from simple fractures to complex breaks requiring surgery.
- Internal injuries: Damage to internal organs and internal bleeding are serious consequences that may not be immediately apparent after the accident.
- Lacerations and contusions: Cuts and bruises can occur from broken glass, metal, or the force of impact.
- Burns: If there is a fire or explosion as a result of the collision, victims can suffer burns that may require long-term treatment.
- Amputations: In severe cases, limbs may be crushed or severely damaged, leading to surgical amputation.
- Psychological trauma: Beyond the physical injuries, many victims suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues following a serious motor vehicle accident.
- Soft tissue injuries: Injuries to muscles, tendons, and ligaments are also common and can result in long-term pain and disability.
The severity of injuries can vary widely based on the circumstances of the crash, such as the speed at impact, the safety features of the vehicles involved, whether seatbelts or airbags were used properly, and the health and age of the victims. Recovery from these injuries can take months or even years, and some victims may never fully recover, facing lifelong challenges as a result of the accident.
Who is the Liable Party in a Truck Accident?
The following list illustrates some of the more common parties that our San Antonio trucking accident attorneys have determined to be at fault in accidents throughout Texas.
- Truck driver – Truck driver fatigue is probably one of the most common causes of truck accidents in Texas. While there are rules regarding how many hours a driver may log, many drivers either break the rules or participate in other physical activities (such as assisting with the loading of the truck) immediately prior to driving the load. Also, some drivers take drugs (often to fight their sleepiness) or drink either before driving or while driving and may have impaired judgment.
- Truck owner (cab) – The owner of the truck cab, who may or may not be the driver, has a duty to inspect the cab’s equipment and ensure it is in safe working order, including the brakes, lights and tires.
- Truck owner (trailer) – The owner of the truck trailer is typically not the same person who owns the truck cab. However, whether the owners are the same person or separate people, they also have a duty to inspect the trailer to insure it is in a safe condition, including the trailer’s lights, brakes and tires.
- Truck loading company – The truck loaders have a duty to properly load the truck, including ensuring there is no load shift that can cause an accident or rollover. If an improper load caused your accident, then the truck loaders could be liable.
- Truck driving agencies – A truck driving agency that employs truck drivers may also be responsible for a truck accident if it did not properly investigate the background of the truck driver or set unrealistic schedules that induced speeding or disobeying the law.
- Truck manufacturers and truck part manufacturers – Truck manufacturers and truck part manufacturers could also be responsible if their products were defective.
- Government (federal, state and local road authorities) – The government can also be responsible for a truck accident by failing to maintain the roads in a safe condition. Poor design, construction, and maintenance of roads or highways may contribute to an accident. The agency responsible for the design, construction or maintenance of the road may be held liable for the unsafe and dangerous road condition.
How Do I Prove Negligence in a Commercial Truck Accident Case?
In Texas, as in most jurisdictions, to establish negligence in any type of motor vehicle accident, you typically must prove four key elements:
- Duty of Care: You must demonstrate that the defendant owed you a duty of care. For drivers, this means operating their vehicle in a reasonably safe manner to avoid harming others on the road.
- Breach of Duty: You need to show that the defendant breached that duty. For example, if a driver was speeding, distracted, or otherwise not adhering to the rules of the road, they may have breached their duty of care.
- Causation: It must be established that the defendant’s breach of duty directly caused the accident and your injuries. This means showing a direct link between the defendant’s actions and the harm you suffered.
- Damages: Lastly, you must prove that you sustained damages as a result of the accident. This can include physical injuries, property damage, medical expenses, lost wages, and pain and suffering.
What is Texas’s Comparative Negligence Law?
Texas’s approach to shared fault could affect the outcome of your case. Even if you’re found partially at fault, you can still recover damages, provided your level of fault is below 51%. This nuanced legal principle underscores the need for an expert commercial vehicle accident attorney to advocate for your rights.
Additionally, be aware of the tight timelines dictated by the statute of limitations. If you’re looking to file a lawsuit following a commercial vehicle accident in San Antonio, you have two years from the date of the accident to take legal action. Miss this window, and your claim could be dismissed.
What Kind of Compensation Can I Recover From a Commercial Vehicle Accident?
In Texas personal injury cases, especially those involving truck accidents, several types of damages may be available to victims who have proven negligence.
- Economic Damages: These compensate for quantifiable monetary losses, such as:
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- Medical expenses (past and future)
- Lost wages (past and future)
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses related to the injury
- Non-Economic Damages: These address losses that are not easily quantified in monetary terms, including:
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- Pain and suffering
- Emotional distress
- Loss of consortium (for spouses)
- Loss of companionship (for family members in wrongful death cases)
- Mental anguish
- Physical impairment or disfigurement
- Exemplary (Punitive) Damages: In cases where the defendant’s conduct was particularly reckless or egregious, exemplary damages may be awarded to punish the wrongdoer and deter similar conduct in the future. These are less common and subject to statutory limitations.
- Wrongful Death Damages: In the tragic event of a fatal accident, surviving family members may seek damages such as:
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- Funeral and burial expenses
- Loss of financial contributions from the deceased
- Loss of care, maintenance, services, support, advice, and counsel the deceased would have provided
- Mental and emotional pain, suffering, and anguish resulting from the loss of a loved one
How Technology Can Result in a Truck Accident
Advanced technology has increased communication, available resources and many other benefits in the 21st century. However, the ready availability of this technology to truck drivers has contributed to the increase in truck driver negligence and in trucking accidents throughout Texas. Conversely, technology also results in better record keeping and can permit better investigation of negligent actions. At The Law Offices of Tyler & Peery, our knowledgeable San Antonio truck accident lawyers strive to uncover negligent use of technology, show how it contributed to your accident, and obtain rightful compensation for this negligence.
Truck drivers have access to a vast amount of technology to ensure they are able to communicate with dispatch, such as laptops, email, cellphones and other equipment. As experienced trucking accident lawyers, we recognize that this equipment is not always used appropriately and its improper use may have contributed to your accident.
- Was the truck driver reading or typing an email rather than being attentive to the road and other vehicles on the road?
- Was the truck driver talking on a cellphone?
- Was the truck driver focusing unnecessary attention to nonwork-related discussions with other drivers over the CB radio?
- Was the truck driver talking on the phone or sending emails during time designated for sleeping, contributing to fatigue?
Uncovering Negligent Technology Use
Black boxes (engine control modules) cellphones, emails and other equipment leave documentation that can be used as evidence in your trucking accident lawsuit. As thorough truck accident lawyers, we meticulously investigate the technology usage and work to uncover gross negligence by the driver or trucking company. We investigate and analyze issues such as:
- GPS locations to determine positioning, timing and speed
- Call times moments prior to the crash
- Outgoing and incoming messages prior to the accident
- Disabled Qualcomm lock-out systems enabling a driver to use the laptop while the vehicle is in motion
- Black box report of speed, engine and governor system just prior to the crash
What Steps Should You Take Immediately After a Truck Accident?
If you’re involved in a trucking accident in San Antonio, taking the right steps immediately afterward can be crucial for your health, safety, and any subsequent legal action. Here’s a step-by-step guide:
- Ensure Safety: First and foremost, check yourself and others for injuries. If it’s safe to do so, move to the side of the road to avoid any further accidents.
- Call 911: Even if the accident seems minor, it’s important to report it to the police. They will document the scene and file an accident report, which can be vital for insurance and legal processes.
- Seek Medical Attention: Even if you don’t think you’re injured, some injuries can take hours or days to become apparent. It’s important to be evaluated by a medical professional as soon as possible.
- Document the Scene: Take photographs of the vehicles, the surrounding area, any skid marks, and your injuries. If there are witnesses, get their contact information.
- Exchange Information: Politely exchange contact and insurance information with the other driver(s). Avoid discussing fault or making statements that could be used against you later.
- Notify Your Insurance: Contact your insurance company to report the accident but be cautious about the details you provide before speaking with an attorney.
- Consult with an Attorney: Motor vehicle accident claims can be complex due to the potential for multiple liable parties and the severity of injuries. An experienced personal injury attorney can help you navigate the legal process and advocate for your best interests.
- Keep Records: Save all medical records, receipts, and any other documentation related to the accident. This includes records of any work you miss due to your injuries.
- Follow Through with Treatment: If you’re prescribed a treatment plan, follow it closely. Failure to do so could harm your health and potentially affect your legal claim.
- Avoid Social Media: Don’t post about the accident on social media. Insurance companies and defense attorneys might use your posts to undermine your claim.
Remember, each truck accident is unique, so it’s essential to get personalized advice from a legal professional experienced in Texas injury law.
Immediate And Thorough Truck Accident Investigation
At The Law Offices of Tyler & Peery, we are compassionate attorneys. We recognize that there may be higher priorities than calling an attorney immediately after a catastrophic injury or loss of a loved one. However, the trucking company will start investigating the accident within minutes of the accident. They will use investigators, insurance adjusters, and a team of defense attorneys – all planning how to diminish your claim, minimize your loss and reduce exposure of detrimental evidence.
It is important to have an experienced San Antonio trucking accident lawyer on your side, protecting your interests. We work quickly to investigate and recover important evidence that will benefit your case, such as:
- We speak with the police officer and determine if the police report was influenced by the truck driver or truck company
- We locate witnesses and find out what they saw
- We take pictures of your vehicle, the semi-truck, the skid marks, debris and other evidence at the accident scene
- We evaluate the current road conditions and weather conditions
- We obtain temporary restraining orders to prevent trucking companies from destroying evidence or concealing evidence, such as evidence from truck inspections or driver logbooks
- We recover gas station receipts, meal receipts, and other information to pinpoint times a driver was at specific locations to show speed
- We recover cell phone records and other records to show driver negligence
It is important to recover this evidence before memories fade, witnesses become unavailable, evidence disappears, and road conditions change. Speak with a quality truck accident attorney immediately after a truck accident, to ensure you and your family’s right and ability to recover compensation is preserved.
Insurance Issues In Truck Accident Cases
Pursuing compensation for truck accident injuries typically involves commercial insurance policies. Many commercial policies often cover up to a million dollars. That may sound like a lot, but in practice it may not be enough to cover serious injury or a wrongful death.
What is critical after an accident is that you get help from your attorney in dealing with the insurance company. You don’t want to settle your claim too soon. The insurance adjuster doesn’t have your true interests at heart, and it may not even be clear yet how bad your injuries are.
As a truck accident victim, you have rights. Determining liability and identifying responsible parties are critical to pursuing your claim and obtaining the compensation you’re owed. Our lawyers can guide you in dealing with the insurance company so that you don’t have to worry about this as you’re trying to heal from your injuries.
Five Key Things To Know About Truck Accidents
Until you got injured by one, you probably took trucks for granted. Now that an accident has happened, however, you are probably looking at tractor-trailer accidents and other truck crashes with new, more critical eyes. Here are five key things to know as you try to understand what has happened – or what could happen to others.
- Tech in the cab – Many drivers have a computer, laptops, cellphones, sometimes even TV. It’s not an age anymore when CB was the only connection point. And this can lead to a lot of distracted driving.
- Driver fatigue – Many drivers put in many more hours in a row than they are supposed to under federal regulations. The resulting driver fatigue is a big cause of accidents, despite the best efforts of the National Highway Traffic Safety Administration.
- The weights of big trucks are enormous – With a big rig, it is not unusual to have 80,000 pounds of inertia. The resulting injuries caused by large trucks, such as 18-wheeler accidents, are often catastrophic or even fatal.
- Oil field areas are dangerous – Hiring practices of trucking companies that operate in or around the oil fields are often problematic. People with prior convictions for DUI or drug use may be hired, as well as those with substance abuse or medical issues that may include sleep apnea. Issues such as seizures or heart attacks or diabetic incidents behind the wheel put others at risk, as to sleep-deprived truck drivers.
- Hiring an attorney early is important – After a truck accident, an aggressive investigation is critical. It’s necessary to get a look at the logbooks and get the black box and, if available, the video cams. It’s important for your attorney to get in and get this information before it’s destroyed.
Why Choose The Law Offices of Tyler & Peery?
Our legal team at The Law Offices of Tyler & Peery brings a wealth of knowledge and a compassionate approach to every case we handle. We understand that no two accidents are the same and tailor our strategy to meet the individual needs and goals of our clients.
Choosing our firm means opting for a team that views you not as a case file, but as a fellow San Antonian in need. We listen, we understand, and we act—with a tailored strategy that speaks to your individual story. Our approach to building your case includes the following:
- Thorough investigation of the accident scene
- Collaboration with medical professionals to assess injuries
- Utilization of accident reconstruction experts
- Aggressive negotiation with insurance companies
- Vigorous representation in the courtroom, if necessary
We believe in empowering our clients with the knowledge they need to make informed decisions. Our team of experienced San Antonio truck accident attorneys is ready to provide the clarity and support you need every step of the way.
Time is a precious commodity in the aftermath of a trucking accident. Reach out to The Law Offices of Tyler & Peery without delay and let us embark on this journey together. Call us at 210-340-0900 or complete our online form for a free evaluation of your case. This is first step towards the restoration you deserve.