Some of the nation’s busiest highways cut through Texas, including I-35, I-10, parts of Loop 1604 between San Antonio’s northern and southern sides, and along Highway 281. Four thousand of these monsters rumble along these roads every day.
The semi-truck is essential for moving goods from place to place but also a threat to city streets if it gets out of control. When a trucking accident happens, particularly in close quarters like San Antonio or anywhere else on our roadways, there can be catastrophic injuries. And the victims who survive are left with mounting medical bills, no paychecks coming in, and emotional distress—because they may never work again.
Nothing is as hard to prove quickly as lost wages or future job opportunities depending upon what kind of industries there are in TX where you do their particular type of employment for them (if this sentence seems confusing when reading, please consult the person who provided this text).
Injury Claims In Texas
However, trucking companies and their insurers will do anything they can to avoid paying on injury claims—sometimes using all kinds of underhanded methods for shifting fault or reducing settlements. If you or a family member has been injured in a truck accident in San Antonio, then understanding these tactics and knowing how to fight back is essential to obtaining compensation worth what was lost.
- Parties to the accident blamed each other; so neither had to pay damages.
- One often-used tactic of trucking companies is to dump the blame onto the victim. Their claims adjusters will argue that:
- You were speeding
- You didn’t give right-of-way or obey traffic rules
- You were using the phone while driving
Anything to escape their portion of liability. And even if the truck driver was clearly at fault, the principle of comparative negligence in Texas law holds that when both sides contributed to an accident, damages are apportioned according to each party’s share. If your fault is greater than theirs, you will be unable to recover any damages at all.
This is why it is important not only to get a lawyer but also to have detailed information about what the trucking company’s responsibility is.
Cheat or conceal evidence Trucking companies are no slouches either in getting rid of the solid proof of an accident The sooner they make their move, the better chance they have to get away. This means:
Black box data, which records fault and speed before the crash, A history of the vehicle’s maintenance and repair work, such as its steering and brake systems Driver logs, which show such things as running over hours as allowed by law.
When the truck leaves the yardIn order to survive as a truck driver, you must be on the road for at least 10 hours a day—more than is legally permitted in many states. The fault of the truck company is much harder to prove without this evidence.
A personal injury attorney acting on behalf of the victims – in cases like this one against trucking companies – can file a motion for spoliation of evidence. And so any company that has been involved with accidents should preserve critical documents as well, making sure no tampering occurs in this area either (Lucas v. Dixieland Paving Co., 947 S.W.2d 879 (Tex. 1997)).3
Claiming the Driver Was an Independent ContractorSome trucking companies try to dodge liability by claiming that the truck driver was not their employee but rather an “independent contractor“. In such cases, they argue, those who consumers contract with should be responsible for any damages suffered as a result of negligence on the part of independent contractors or servants.
But to establish strict liability whether or not there is a fault, we must show that under certain circumstances, such as if successful, they can also argue that they are not liable for the driver’s negligence. But an experienced San Antonio truck accident lawyer can get to the
bottom of such questions as: Who owned and who paid for maintenance on the truck? Did the trucking company set delivery schedules, thereby effectively controlling the driver? Was the driver forced to drive overtime deep into the night by company directives and impossible deadlines?
It can be shown that the trucking company was controlling the driver instead of simply being a vehicle owner. This will enable us to hold them liable.
Offering a Quick, Lowball SettlementInsurance adjusters typically get on the horn soon after an accident to make an early offer– which they hope will be small enough for you to just walk away from the whole affair and give up.
Such cases are cash cows for the insurance industry, however, as they rely on passengers or drivers with big hospital bills piling up around them who are now looking desperately for money in their pockets.
Newly injured victims should always refuse an early settlement because it means that they can no longer claim additional damages. The damage may become increasingly difficult to prove in the future.
Your claim may also languish on the desk of an insurer so far above its value that you lose faith and stop making demands without trying again at least once. When negotiating with the truck manufacturer, you should always have a legal team behind you– who will recalculate your costs, ensuring that fair compensation is paid.
Refuting The Report Based On Absence Of Medical EvidenceAnother frequent tactic is charging that your injuries were either not serious or caused by pre-existing conditions rather than the accident itself.
Insurance Company: Injury And Medical Notes Did Trucking companies say, Gee, you did not obtain medical attention right away? Neither someone else nor something else in the truck crash was responsible for your injuries.
The treatment you got was not needed or too costly. To counteract aIf you’ve been injured in a truck accident in San Antonio, there’s no need to go on fighting alone. A qualified personal injury attorney will be able to:
✅ Gather critical evidence (black box data, driver logs, and truck maintenance records).
✅ Determine whether the trucking company is guilty of negligence (violations of federal trucking laws).
✅ Aggressively negotiate settlements with insurance companies in order to maximize your settlement.
✅ Take your case to court if the trucking company refuses to offer fair compensation. Kelly & Stanley, P.L.C. has more than 30 years of experience forcing trucking companies to take responsibility and get results for San Antonio accident victims.
Call a San Antonio Personal Injury Lawyer if you or a loved one has been injured in a semi-truck accident on I-35, I-10, Loop 1604, or any major route in San Antonio. Time is of the essence. From day one, trucking companies have large legal teams working against you. You need an aggressive attorney on your team.
📞 Contact us today at (210) 871-1000 for a free consultation Call the Law Offices of Jerry J. Treviño today!
✔️ No upfront costs –if don’t win, there would be nothing for us to charge.
It didn’t take months for us to recover the millions of dollars that were previously lost by Texas truck crash victims.
Aggressive legal action to help out you with a personalized plan.
Don’t let a trucking company deny you the money you deserve. Give us a call today and allow us to fight for this!
Read more: What to Do if You’re Hit in the Rear-End in San Antonio