What Options Do You Have After an 18-Wheeler Accident?
Transport truck accidents are some of the worst collisions on the roadways in San Antonio, and throughout the country. These crashes typically cause the most severe types of injuries along with extensive property damage. Unlike accidents involving standard passenger vehicles, crashes involving trucks are particularly complex because liability may lie with multiple parties. Below, our San Antonio 18-wheeler accident lawyer explains the legal options you may have after a crash.
Understanding Liability After an 18-Wheeler Accident
Determining liability after an 18-wheeler accident is much more complicated than it is in crashes involving passenger vehicles. Liability is a legal term to refer to which party is responsible for paying compensation after an accident. Depending on the circumstances surrounding the accident, liability may be divided among multiple parties.
If the truck driver was negligent, they may be liable for an accident. Negligence is a legal term that refers to acting carelessly. If the truck driver was drowsy, distracted, or impaired, these are all types of negligence that can result in truck driver liability. There are times when the trucking company is also liable for a crash. Trucking companies are liable for hiring qualified drivers, sufficiently training drivers, properly supervising drivers, enforcing safety protocols, and complying with federal and other safety regulations. When they fail in any of these duties, they may be found liable.
There are other parties that may be at least partly liable after an 18-wheeler accident. For example, if a cargo loading company failed to do their job properly and it resulted in an accident, they may be considered negligent and therefore, are liable for paying damages. In some trucking accidents, a broker can be held liable if they negligently select an unsafe carrier, act as a carrier themselves, or fail to adhere to contract terms related to safety, potentially leading to vicarious liability for the driver’s actions.
Your Legal Options After an 18-Wheeler Accident
An 18-wheeler accident will leave you with serious injuries. Medical bills may start piling up, you may be physically impaired and suffering in pain, and you may not be able to return to work right away to pay for the medical treatment you need. You may have a number of options to claim compensation after an accident. These include:
- File an insurance claim: Typically, your first step after an 18-wheeler accident is to file an insurance claim. You will have to file the claim with the insurance company representing the liable party, such as the trucking company or the truck driver. These claims can be very difficult, as insurance companies are notorious for denying, delaying, and reducing claims. Insurance companies are notorious for trying to trick injured victims into making statements or taking action or inaction that negatively affects your case. It is recommended to hire an experienced San Antonio 18-wheeler accident attorney before ever talking with the insurance company or filing a claim.
- Pursue a personal injury lawsuit: If the insurance company delays your claim or fails to offer a fair settlement amount, you may have to file a personal injury lawsuit against the at-fault parties.
Call Our 18-Wheeler Accident Attorney in San Antonio Today
The fact that there are multiple potentially liable parties after a truck crash is just one factor that makes the aftermath of these accidents so complex. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident attorney can determine who is liable and help you navigate the process so you can focus on your recovery. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to get more information. All cases are handled on a contingency fee basis, so there are no out-of-pocket or upfront attorney’s fees or costs that you have to pay. Our clients never pay a penny until we win their case.
Source:
law.cornell.edu/wex/negligence
