Frequently Asked Questions After an 18-Wheeler Accident
Accidents involving 18-wheelers are traumatic and confusing for injured victims. After a serious accident, you may not know what rights you have or what you should do next. You likely also have many questions. Below, our San Antonio 18-wheeler accident lawyer outlines the questions we hear most often, and the answers to them.
What Should I Do After an 18-Wheeler Accident?
The steps you take after an 18-wheeler accident can greatly help any future claim you file. The most important things to do now are as follows:
- Report the accident to police, so an official report can be filed.
- Report any pain, discomfort, and injuries to the police officer(s).
- Seek immediate medical attention whether by calling 911 or visiting an emergency room as soon as you leave the scene.
- Take pictures and video footage of the scene.
- Take photos of all vehicles involved and the scene.
- Obtain a copy of the at-fault driver’s insurance card and driver’s license.
- Locate witnesses and ask them for their names and contact information (investigating officers rarely include this information in their police report).
- Never admit that you were at fault or apologize for the crash.
- Do NOT post photos, videos, comments, status updates on social media about the crash or your injuries. Posting “I’m okay” – meaning “I survived” will later be taken out of context by the insurance company to mean that you sustained no injuries in the crash.
- Call a San Antonio 18-wheeler accident lawyer who can advise on your case.
How are 18-Wheelers Regulated?
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). This federal agency outlines many laws for truck drivers and trucking companies such as regulations for inspections and maintenance, and the hours of service rule.
How Do Accidents Involving 18-Wheelers Differ from Car Crashes?
It is easy to assume that an accident involving an 18-wheeler is the same as one involving a small passenger vehicle. Unfortunately, accidents involving transport trucks are much more complex due to the following factors:
- The insurance policies covering truck drivers and trucking companies are larger, making insurers much more hesitant to pay out large settlements.
- Accidents involving transport trucks are governed by both state and federal law.
- Truck accident cases involve different evidence than car crashes.
- The injuries after a crash involving an 18-wheeler are much more severe.
- Truck accidents involve multiple potentially liable parties and it is not always easy to determine who is at fault.
Who is At Fault for an 18-Wheeler Accident?
Unlike in an accident involving two passenger vehicles, there are many parties who may be to blame for a crash involving an 18-wheeler. They include:
- The truck driver, if they acted negligently by driving while impaired, fatigued, or distracted, or by otherwise being careless
- The trucking company if they engaged in negligent hiring, or failed to maintain their vehicles,
- Cargo loaders, if they failed to load the cargo properly,
- Manufacturers, if they made defective parts of the truck that caused the crash, and
- Inspection and maintenance companies if they failed to do their job properly.
One of the most difficult aspects after a truck accident is determining liability, which is why it is important to seek legal advice.
Our 18-Wheeler Accident Lawyer in San Antonio Can Answer Your Questions
If you have been hurt in a crash, you likely have many questions. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can answer them so you obtain the full and fair settlement you deserve. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to learn more.
Sources:
statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
