Do You Have Cause to File a Truck Accident Lawsuit?
You might have strong grounds upon which to file a truck accident case if you’ve sustained injuries due to a commercial truck accident caused (partially or totally) by another party’s negligence, recklessness, or intentionally harmful conduct. That party may be the truck driver, the trucking company, or the truck’s manufacturer. More than one party may be held liable for your harm, depending upon the unique circumstances of your case.
Benefits of Hiring a Lawyer for Your Truck Accident Case
Because you have suffered injuries due to a truck accident, you’re likely occupied with medical treatment and rehabilitation. With your attention focused on recovering physically, it can be challenging to pursue a truck accident case against big companies with substantial resources to delay, devalue, and potentially deny your claim. To give yourself the best chance at recovering maximum compensation, turn to a San Antonio truck accident lawyer from the Law Offices of Troy A. Brookover who can assist by:
- Conducting a thorough investigation of the accident to recover evidence used to show who should be held responsible for the crash and your injuries
- Documenting your injuries and losses to argue for full and fair compensation in your claim
- Consulting with experts in accident reconstruction, trucking industry practices, medicine, or finance to identify and explain the complex issues in your case
- Handling communications and negotiations with the trucking and insurance companies to vigorously pursue financial recovery
- Filing a lawsuit on your behalf and taking your case to court, if necessary
What Compensation Can Be Recovered After a Truck Wreck in San Antonio?
You may be able to secure financial recovery for expenses and losses you incurred due to your accident if your case is successful. Some of the types of compensation awarded to truck accident injury victims include:
- Medical expenses, such as hospital bills, doctor’s bills, physical/occupational therapy, prescription drug costs, and purchases of medical or mobility equipment
- Lost wages, including loss of future earning potential and job benefits if you cannot return to work after a truck crash
- Pain and suffering
- Property damages, including the cost to repair damage to your vehicle or reimbursement for its pre-accident value if it is declared totaled after the accident
- Exemplary damages, also known as punitive damages, which may be awarded in a truck accident lawsuit when the accident was intentionally caused by an at-fault party or caused by their extremely reckless behavior
Why Truck Accidents Are More Complicated
Pursuing compensation after a truck accident often involves navigating more obstacles than other auto accident claims. Here are just a few of the reasons why truck accident cases are often particularly complex:
- Truck accidents may have multiple liable parties beyond the truck driver, complicating financial recovery if those parties contest their fault or share of responsibility.
- Since multiple vehicles and injured victims may be involved, insurance may not fully compensate all victims for their losses, so seeking full compensation becomes a more daunting task.
- Trucking companies may use complex corporate structures or layered insurance policies that make it difficult to determine what financial resources are available to compensate victims financially.
Who Is Liable for a Truck Accident?
Unlike most other auto accidents, where liability rests with one or more of the drivers involved in the crash, a truck accident may be caused by one of several different parties or some combination of those parties. Examples of who can be held liable for a truck accident include:
- The truck driver
- The trucking company
- The owner or lessee of the truck, if not the truck driver or trucking company
- The cargo or freight company
- The truck’s or trailer’s mechanic
- The manufacturer of the truck or trailer
- Third-party manufacturers of auto parts used on the truck or trailer, including brake and tire manufacturers
Statute of Limitations on San Antonio Truck Accident Lawsuits
In Texas, the statute of limitations on injury cases restricts how long you have to file a lawsuit against liable parties after you have been injured in a truck crash. Typically, you have two years from the date of a semi-truck accident to file suit against the truck driver, trucking company, or other liable parties. Filing suit after that time limit has expired usually means that the trial court will permanently dismiss your case. Partially for this reason, you should not wait to get started on preparing a legal claim for compensation so that you can ensure your rights are asserted in a timely fashion. Acting quickly will also help us to preserve critical evidence and begin communicating with insurance representatives on your behalf.
Tips for Protecting Your Rights after a Truck Accident in San Antonio
If you have been involved in a commercial truck accident in San Antonio, take the following steps to help protect your rights to obtain compensation for your expenses and losses:
- Photograph details of the accident scene, including vehicle damage, debris and skid marks in the roadway, road lines or traffic signals, and weather/lighting/road/traffic conditions.
- See a physician as soon as possible after the crash to get checked out for injuries you may have sustained.
- Follow any treatment instructions you receive, including attending follow-up appointments with specialists.
- Retain copies of bills, invoices, or receipts for expenses you incurred as a result of the accident; also, have copies of your pay stubs or income records if you could not work after the crash.
- Avoid giving a written or oral statement to the trucking company or its insurer without speaking to an attorney first.
- Avoid discussing the accident or your injuries on social media since what you say may later be used to undercut your claim.
Finally, speak with a San Antonio truck accident lawyer to discuss the next steps to pursue your rights to financial compensation.