San Antonio UPS & FedEx Truck Accident Lawyer
Delivery semi-trucks from UPS and FedEx are some of the largest vehicles on the road. When fully loaded, these trucks weigh over 80,000 pounds. Additionally, these delivery truck drivers are usually on the road overnight and during other odd hours. Most people are naturally drowsy at such hours. Making matters worse, the Federal Motor Carrier Safety Administration has permanently rolled back some important safety laws. Delivery efficiency, and not motorist safety, is this agency’s priority.
In contrast, the experienced San Antonio UPS & FedEx truck accident lawyers at the Law Office of Israel Garcia are on your side. We demonstrate this commitment every time we work on your case. We diligently collect evidence, so we can effectively stand up for you in court and obtain maximum compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Liability Issues for a UPS or FedEx Truck Crash
First party liability, third party liability, and insurance company defenses are usually the most important components of a negligence case.
Initially, victims/plaintiffs must prove, by a preponderance of the evidence, that the truck driver breached his/her duty of care. This duty is very high in these cases. Commercial operators have a duty of utmost care in Texas. They must take special care to avoid wrecks. So, almost any driving mishap, like driving while sleepy, is a breach of care in the Lone Star State.
Significantly, there’s usually a difference between fault for the accident and liability for damages. So, even if an emergency responder or insurance adjuster said you were at fault, always ask a San Antonio UPS or FedEx truck crash lawyer to evaluate your case.
Third party liability usually involves the respondeat superior rule. This legal doctrine holds employers responsible for damages if:
● Employee: In Texas, most truck drivers, even if they are unpaid volunteers, are employees for negligence purposes. The delivery company controls the driver, in terms of things like route traveled and cargo carried.
● Scope of Employment: Any act which has any benefit for the employer is within the scope of employment. For example, if workers are hurt during company softball games, the employer is usually responsible for these injuries. The free advertisement benefits the employer.
Common insurance company defenses in truck crashes include comparative fault and the seat belt defense. Contributory negligence shifts blame for an accident from the tortfeasor to the victim. In Texas, victims who weren’t wearing seat belts may be legally responsible for their own injuries. A victim/plaintiff has an opportunity to refute these and other defenses.
What to Expect in a Truck Crash Claim
Almost all truck crash claims settle out of court. A few settle almost immediately. However since the issues are so complex, as outlined above, attorneys usually must file legal paperwork to jumpstart the settlement process.
At this point, insurance companies usually file procedural motions, seeking to throw the victim/plaintiff’s claim out of court. If attorneys have diligently collected evidence and otherwise done their homework, these motions usually fail.
Next, during discovery, both sides have a legal duty to put all their cards on the table. Many claims settle at this point.
Most injury claims settle during mediation, which is usually the next litigation phase. During mediation, which is a court-supervised negotiation session, both sides have a legal duty to negotiate in good faith. Therefore, mediation is about 90 percent successful.
Rely on a Compassionate San Antonio UPS & FedEx Truck Accident Lawyer
Accident victims are entitled to substantial compensation. For a free consultation with an experienced UPS or FedEx truck crash lawyer in San Antonio, contact the Law Office of Israel Garcia. You have a limited amount of time to act.
