Due to their massive size and power, large trucks and 18-wheelers require extensive knowledge to operate safely. Most truck drivers are skilled professionals. However, when truck drivers ignore safety standards or aren’t trained properly, terrible things can happen.
One truck accident is all it takes to ruin your life. You’re injured, you can’t work, and your debt is piling up. Even worse, you can’t be there for the people who depend on you. A San Antonio truck accident lawyer can fight to get you the compensation you need.
Our team at Omega Law Group Accident & Injury Attorneys has recovered millions of dollars in damages for accident victims just like you. Contact us today for a free consultation and find out how our San Antonio personal injury lawyers can help.
The Insurance Company’s Strategy
After a truck accident, you may hear from an insurance adjuster quickly. In some cases, the trucking company’s insurer may reach out within days. They may sound polite and concerned. They may ask for a recorded statement or say they just need a few details to “process the claim.” It is important to understand what is happening behind the scenes.
Insurance and trucking companies are businesses. Their goal is to limit payouts. The less they pay, the more they protect their bottom line. Adjusters are trained to look for ways to reduce the value of your claim. They may:
- Ask questions designed to shift partial blame onto you
- Downplay the seriousness of your injuries
- Suggest you were speeding or not paying attention
- Offer a quick settlement before you know the full cost of your recovery
Before giving a recorded statement or accepting any offer, it helps to fully understand your rights. A San Antonio commercial truck accident attorney can handle the conversations with the insurers and give you the guidance you need to make the best decisions for your claim.
Should You Take a Settlement After a Truck Accident?
In most cases, it is not smart to take a settlement after a truck accident without first speaking with an attorney. Unfortunately, some insurance companies try to take advantage of accident victims. They assume you don’t know what your case is worth, and they can get away with a low offer.
If you take the money, you may waive your rights to future compensation, even if your condition gets worse and you need more care. Meanwhile, the insurance company walks away with a little extra money in its pockets that rightfully belonged to you.
Our San Antonio truck accident attorneys will assess your case and calculate the compensation you deserve, then fight to make sure insurance companies are treating you fairly. We aren’t going to let them dictate what your injuries are worth.
Have you been involved
in a truck wreck?
Our truck accident lawyers in San Antonio are here to help.
(310) 526-8383
How Our San Antonio Truck Accident Attorneys Investigate and Prove Fault
Many people are unsure what a truck accident lawyer actually does. The legal process can feel unclear and overwhelming, especially when you are trying to recover from serious injuries at the same time.
A Thorough and Independent Investigation
Our first step is to conduct a thorough and independent investigation. Truck accidents are more complex than typical car crashes. There are often multiple layers of responsibility. The driver may be at fault, but the trucking company, a maintenance provider, a parts manufacturer, or even a cargo loading company could also share responsibility.
We work to identify every potentially responsible party.
Evidence We Review
We may examine:
- The official police report
- Witness statements
- Dashcam or surveillance footage
- Photos from the scene
- Black box data from the truck
- Driver logbooks and hours-of-service records
- Maintenance and inspection records
- Hiring and training records from the trucking company
Commercial trucks are often equipped with electronic control modules, sometimes called “black boxes.” These devices can record speed, braking activity, and other driving data just before a crash. Preserving this information quickly is important because it can be lost or overwritten if not secured in time.
Reviewing Safety Regulations and Violations
State and federal trucking regulations set strict safety standards. Drivers are limited in how many hours they can operate without rest. Trucks must be regularly inspected and properly maintained. Cargo must be loaded and secured correctly.
If a driver exceeded legal driving hours, skipped inspections, or violated safety rules, that can become critical evidence in your case.
Documenting the Full Impact of Your Injuries
We also gather your medical records to understand the full scope of your injuries. It is not enough to show that a crash occurred. We must clearly connect the collision to your medical condition and document how it has affected your life.
In serious cases, we consult with accident reconstruction experts, medical professionals, and financial experts. These specialists help explain how the crash happened, what your future medical needs may be, and how your earning ability could be impacted in the long term.
Negotiation and Litigation if Necessary
Once we have a clear and complete picture, we present the evidence to the insurance company and begin negotiations. If a fair settlement is not offered, filing a lawsuit and preparing for court may become necessary. Throughout the process, we focus on clarity, preparation, and steady communication so you are never left guessing about where your case stands.
Who Is Liable in a Truck Accident?
Determining liability after a commercial trucking accident is one of the most important steps in your case. These crashes, especially 18-wheeler accidents involving big rigs, are often more complex than standard car accidents. There may be multiple companies and insurance policies involved, not just one driver.
Your San Antonio truck accident lawyers will carefully investigate what happened and why. It is helpful if you write down a clear narrative of events from your perspective while the details are still fresh. Small facts can matter. We will also review police reports, dash cam footage, witness statements, black box data, truck maintenance records, and any other available evidence.
Once we understand how the trucking accident occurred, we can identify who is legally responsible and how to move forward with your claim. While the at-fault party may seem obvious at first, truck crashes often involve deeper issues within the trucking industry that are not immediately visible.
The Truck Driver
In many cases, the truck driver may be liable. This is especially true if the crash was caused by driver errors such as distracted driving, speeding, improper lane changes, or failure to yield.
Driver fatigue is also a major concern in 18-wheeler accidents. Federal regulations limit how long drivers can operate without rest. If there were Hours-of-Service violations, that can be strong evidence of negligence. Driving while overly tired can impair reaction time and judgment in ways similar to impaired driving.
The Trucking Company
The trucking company may also be responsible. Companies in the trucking industry have a duty to hire qualified drivers, provide proper training, and enforce safety standards.
A trucking company can be liable if it:
- Imposes unrealistic delivery schedules that encourage driver fatigue
- Fails to properly screen or train drivers
- Ignores prior safety violations
- Encourages unsafe driving practices
- Fails to monitor compliance with Hours-of-Service rules
In some cases, unsafe company policies contribute directly to a trucking accident.
A Third Driver
Not every trucking accident is caused by the truck driver alone. A third driver may cut off a commercial vehicle, drive aggressively, or act negligently in a way that forces a big rig to swerve or brake suddenly. When that happens, the third driver could be sued in a truck accident claim.
The Truck Manufacturer or Parts Company
Some 18-wheeler accidents are caused by mechanical failures rather than driver conduct. Tire blowouts, brake failures, steering defects, or other equipment problems can lead to serious collisions.
If a defective part or poor vehicle design contributed to your injuries, the truck manufacturer or parts company may be held accountable. Product liability claims can arise when vehicles or components are unreasonably dangerous.
The Maintenance Company or Mechanic
Commercial trucks require regular inspections and maintenance. If a maintenance company fails to properly service a vehicle, overlooks worn brake systems, ignores tire issues, or falsifies truck maintenance records, that negligence can contribute to a crash.
When poor maintenance plays a role, the maintenance company or mechanic may share responsibility.
Cargo Companies and Loading Errors
Improperly loaded or unsecured cargo can make a truck unstable. Shifting weight may cause rollovers or loss of control. If cargo companies overload a trailer or fail to secure freight properly, they may also be liable for resulting damages.
Injured in a truck crash?
Our truck accident lawyers in San Antonio are here to help.
(310) 526-8383
Comparative Negligence in Texas
Texas follows a doctrine of comparative negligence for accident liability. Even if you are partially at fault for an accident, you can still recover damages in proportion to your percentage of responsibility.
This is helpful, but it also means insurance companies may try to claim you were partially responsible when you were not. If you are deemed 20% responsible for the accident, you may only recover 80% of the damages you would have otherwise been entitled to.
Texas also has a 50% bar rule. That means you can only recover partial compensation if you are 50% or less responsible for the crash. If you are 51% responsible, you may recover nothing.
Hurt in a
truck accident?
(310) 526-8383
How Much Is a Truck Accident Case Worth?
Truck accident claims can be worth thousands of dollars or millions. Your truck accident lawyer in San Antonio will calculate your maximum compensation based on your economic and non–economic damages. We can then negotiate for a fair settlement that will cover your costs. While every case is different, some of the expenses we can recover include:
- Doctor visits and specialist consultations
- Medications required after your accident
- Ambulance transportation
- Emergency room care after your accident
- Surgeries and procedures
- Lost wages when you are unable to work
- Future medical costs and expenses
- Property damage, like the cost of repairing your car
You may also recover damages for things like pain and suffering and emotional distress. These are considered non-economic damages, and they are meant to address the emotional and psychological hardships you’ve endured as a result of the accident.
How Much Does it Cost to Hire a Truck Accident Lawyer?
Our payment system for personal injury cases, such as truck accidents, is based on a contingency fee agreement. You pay nothing up front, and your bill isn’t due until and unless we win your case. We’ll then deduct our fees from your compensation or award.
Doing business in this way ensures that our services are affordable for almost anyone who needs us. Insurance companies have teams of high-priced lawyers fighting for them. It only seems right that you have the same.
When you hire our firm, you level the playing field with insurance companies that are used to pushing victims around. We’ll stand up to them and fight to get you the compensation you need to pay your bills and begin to heal.
Get Help from a San Antonio Truck Accident Attorney
Every time we drive on a highway or major roadway, we trust other drivers to obey the law and operate their vehicles safely. That trust is never more important than when it applies to truckers who drive massive semis and 18-wheelers.
Most truck drivers take safety seriously, but when they violate our trust, they can cause horrible accidents and injuries. If you have suffered an injury in a truck accident, our San Antonio truck accident attorneys can help you hold the liable parties responsible.
Contact our team at Omega Law Group to schedule a free consultation and discuss your case. We have decades of combined experience advocating for the rights of injured victims. If you’re wondering if you have a personal injury case, we can help. Let our family take care of your family.
