San Antonio Fatigued Truck Driver Accident Lawyer
When you consider the massive size of commercial trucks and the weight of the cargo they haul, you recognize the importance of the driver’s skill, training, and attention. Unfortunately, drowsiness can have a profound impact upon all of these factors. It is for this reason that the Federal Motor Carrier Safety Administration (FMCSA) has established strict regulations on how long operators can drive a semi-tractor-trailer, or 18-wheeler. Unfortunately, not all truck drivers comply with the rules; worse, some employees of trucking companies are encouraged to bend the rules to increase profitability.
No truck operator should be behind the wheel while fatigued, so it is critical to enforce your rights if you were hurt in such a collision. The Law Office of Israel Garcia can assist with your legal remedies to get the compensation you deserve for your losses. Please contact us to schedule a no-cost consultation with a San Antonio fatigued truck driver accident lawyer, and read on for some basics.
Liability in Truck Crash Claims
To better understand how fatigue plays a role in a truck accident case, it is important to realize how liability works. Though there are many specific causes of collisions, they are usually the result of negligent acts by drivers. While the term means carelessness in common usage, negligence is a legal concept that requires you to establish four essential elements:
1. You must show that the truck operator owed a duty of care to drive safely;
2. The trucker breached the duty of care by engaging in unreasonably unsafe misconduct;
3. The breach of the standard of care was the direct cause of the truck accident; and,
4. You were injured and suffered losses because of the crash.
Drowsy truck driving enters the picture with respect to element #2. It is a breach of the duty to drive safely when any motorist, including a truck operator, is fatigued. The FMCSA’s rules on Hours of Service (HOS) are intended to prevent drowsy truck driver accidents, but compliance puts all motorists at risk.
How a Truck Collision Lawyer Can Help
The Law Office of Israel Garcia is ready to support you throughout the legal process to ensure you receive fair compensation for medical bills, pain and suffering, emotional distress, and other losses. Our San Antonio drowsy truck driver accident lawyers will handle such tasks as:
● Conducting an investigation and collecting evidence;
● Filing your insurance claim, along with all supporting documentation;
● Negotiating settlement with the insurance company; and,
● Representing you during mediation in an attempt to reach a settlement.
If the insurer refuses to pay fair compensation, we will file a lawsuit and fight for you throughout the litigation process.
A San Antonio Drowsy Truck Driver Accident Lawyer Will Advise You
As you can see, there are numerous tasks to complete and legal requirements to meet after a truck crash. You put your rights at risk through errors, so trust the Law Office of Israel Garcia to manage the process. Please contact our firm today to set up a free case assessment with a Texas drowsy truck driver accident lawyer.
