David and Goliath is an epic tale of the little guy defeating a massively powerful giant, against all odds. When the Báez Law Firm takes on truck collision cases, we are the David and we know we can defeat the Goliath trucking companies on behalf of our clients.
With well over 400,000 commercial truck crashes in 2014 as reported by the Federal Motor Carrier Safety Administration (FMCSA), it is important to recognize the possibility of a big rig collision and the consequences. According to the FMCSA report and summaries, 2014 saw:
- 3,744 fatal truck collisions
- 88,000 injury crashes with commercial trucks
- 346,000 property damage crashes involving commercial trucks
Truck drivers are professional drivers, and they have a lot of laws protecting them and regulating their work. Moreover, their employers are often large companies that retain teams of lawyers whose main purpose is to litigate truck accident cases to make sure motorists like you collect little to nothing from their collisions. The most critical part of a truck accident case is knowing the law to prove fault on the part of the truck driver and/or trucking company.
How to determine fault
Rarely is a motor vehicle accident of any kind 100% the fault of one party. Because of that, Texas law allows some leeway in determining fault in an accident. Many factors go into determining fault, and judges or juries review the evidence of liability and negligence to determine a percentage of fault for each party. For example, a judge may determine that the truck driver was drowsy, driving too fast and driving too many hours, but if a collision happened when the motorist was in the truck’s blind spot, the driver may share some of the liability with the trucker.
Sometimes the trucker will not be at fault. Sometimes the law will protect the commercial driver before the motorist, and in those cases, recovering compensation beyond insurance claims can be difficult. But when the truck driver is at fault, our San Antonio truck accident attorneys stop at nothing to win damages and compensation for our clients who have suffered serious injuries.
Common causes of truck accidents
There are often many contributing factors to a truck accident.
- Improper decision-making
- Speeding or otherwise driving too fast to manage cargo load safely
- Misjudging speed of other vehicles
- Following other cars and trucks too closely
- Distracted driving
- Drowsy driving
- Physical or mental impairment due to OTC drug use
- Pressure from employer
- Inadequate lookout
- Illegal maneuvers or driving violations
Collisions often occur when the truck driver is in violation of federal regulations, whether on his/her own volition or because of pressure from their trucking company to complete their drives, no matter the circumstances.
If you have been involved in a collision with a commercial truck
- Do not give a statement to the trucking company, their insurer or their investigator before talking to a lawyer.
- Do not sign off on anything from your own insurance company after a truck accident.
- Call an experienced truck accident law firm for help right away.
Trucks often have some way of recording what happens on the road, such as camera systems or systems similar to a back box on an airplane. This data is not maintained forever, so it is important to hire a San Antonio truck accident lawyer as soon as possible after your collision so that as much evidence as possible is preserved.
Contact a San Antonio trucking accident attorney as soon as possible
The Báez Law Firm can help you through your case and make sure you receive the compensation you deserve in order to recover physically and financially from your crash. Call our San Antonio law office at 210-979-9777 or contact us online for a free consultation.