If you have been injured in an accident with an 18-wheeler truck in Texas, and you were not at fault for the accident, it is likely that the other driver was. Sometimes people do not seek legal representation immediately after a trucking accident because they mistakenly think that they need to have everything figured out before they talk to a lawyer, including what went wrong. The truth is that sometimes it is clear right away who was at fault for a crash, while other cases may require subpoenas, depositions, or even a jury trial to uncover fault. This is particularly true when a mechanical issue or product liability issue is to blame for your crash. For instance, if a truck’s brake system contained a recalled component, that may only be able to be determined by a professional after the fact.
Why to Hire a Lawyer
It may be hard to know where to start in the aftermath of a trucking accident, and it is easy to get caught up in the whirlwind of insurance calls and forget you have other options available. A lawyer will be able to see the bigger picture, and all possible liable parties. A lawyer will seek inspections, investigations, and information necessary to determine fault.
Although a truck only has one driver, there are a number of possible parties to a truck accident lawsuit. The truck driver may be liable if they were negligent in any way. When considering negligence, a lawyer will look at whether the driver was complying with their company’s protocols; for example, was the driver working longer than allowed? Was the driver taking the required rest breaks? Driving while sleep deprived, over the speed limit, or while distracted are all examples of negligence on the part of the truck driver.
The trucking company that the driver works for may also be liable. This is often the case if the trucking company was pressuring a driver to meet a tight deadline, particularly if it required the driver to violate state or federal laws. In some cases, accidents happen due to improperly loaded or excessive cargo (for instance, overloading a truck with cargo can result in it being unable to come to a complete stop, or taking much longer to stop than expected). In these situations, the cargo loading company may also be listed as a party to your personal injury lawsuit. If a defective component is at issue, the manufacturer of the defective part can also be named as a party.
What to do Next
If you or a loved one has been injured in a trucking accident, it is important to talk to an experienced San Antonio personal injury lawyer as soon as possible. Texas is a comparative fault jurisdiction and has a statute of limitations for personal injury claims. That means that even if you have a valid claim, there is a limit on how long you have to take legal action. A San Antonio personal injury attorney will know how to navigate all relevant statutes and timelines. Your lawyer will also be able to take over as the main point of contact for insurance agents so that you can truly shift your attention to healing, while your lawyer works on recovering a fair settlement. Contact the Law Office of Eric Ramos and schedule your free consultation today. There are no fees unless we win.