Truck accidents might be rare, but when they occur, they are some of the most dangerous events on the road and can leave victims with crippling injuries, medical bills, lost income, and mounting pressure from insurance companies. San Antonio truck accident lawyers from Singh Ahluwalia Attorneys at Law are here to provide help.
Singh Ahluwalia Attorneys at Law serve victims across Bexar County and all over South Texas. We hold all negligent parties accountable when anything from a delivery van to an 18-wheeler causes a tragedy on Texas roads.
Why You Need a San Antonio Truck Accident Attorney
With San Antonio being one of the busiest freight corridors in Texas, with thousands of commercial trucks traveling through the city daily on major routes like Interstate 10, Loop 410, Interstate 35, and Interstate 37, the odds of getting in an accident are much higher than most people realize.
Truck accidents are often far more complex than typical car crash claims due to layers of federal and state regulations on top of already difficult-to-deal-with personal injury law. Throw a mix of powerful corporate lawyers with massive teams who work to minimize payouts, and victims are at a disadvantage without experienced legal representation.
These are some of the reasons you might need our help:
- Understanding Trucking Laws: The trucking industry is governed by the Federal Motor Carrier Safety Regulations, which, while straightforward, span upwards of 1000 pages codified. Without help, the sheer volume makes it difficult for victims to even identify if a truck driver did anything wrong.
- Multiple Liable Parties: Bureaucracy in the trucking industry might make it clear who is at fault for an accident on paper, but in practice, it can do the opposite and blur the line when multiple parties toss the blame around. It’s entirely possible under Texas law for multiple parties to share blame, which only means those responsible tend to push as much of the responsibility to one another as they can.
- Technical Knowledge: Truck accidents are a specific niche of personal injury law. Lawyers who have prior experience in the field enough to call themselves truck accident attorneys know the nuances of this field and work with accident reconstruction experts, review evidence that most people don’t know exists, or know how to obtain.
Common Causes of Truck Accidents in San Antonio
You cannot make a strong case for compensation without first understanding what caused your accident. The most frequent causes of truck accidents in our area include:
- Driver Fatigue: Truck drivers face pressure to meet tight deadlines, sometimes leading to violations of hours-of-service regulations. Drowsy driving significantly impairs reaction time and judgment.
- Overloaded Cargo: When trucks exceed weight limits or cargo isn’t properly secured, the risk of rollover accidents, jackknifing, and cargo spills increases dramatically.
- Distracted Driving: Texting, eating, adjusting GPS systems, or other distractions take a truck driver’s attention from the road with catastrophic consequences.
- Unsafe Lane Changes: The massive blind spots around 18-wheelers make improper lane changes and merging particularly dangerous for surrounding vehicles.
Most truck accidents are caused by some form of operator error, like those listed above. However, they may also result from factors outside the truck driver’s control.
- Brake Failure and Maintenance Issues: Commercial trucks require regular inspections and maintenance. Worn brakes, tire blowouts, and mechanical failures are preventable causes of serious crashes.
- Poor Road Infrastructure: Depending on where the accident occurred, the Public Works Department, Bexar County Public Works, or the Texas Department of Transportation may be liable for poor infrastructure that directly contributes to an accident.
Who Can Be Held Liable in a Texas Truck Accident?
The state of Texas follows a doctrine known as “modified comparative negligence” set at a 51% bar. Under this system, a person is allowed to pursue compensation even if they contributed to the accident, with their claim being reduced by the degree of fault they share.
However, the 51% bar complicates things by placing a maximum degree of liability above which they cannot recover damages. If the fault exceeds 50%, then a person is no longer able to receive compensation.
Assuming a person is not barred from compensation, they may pursue a claim from one of several parties:
- The Truck Driver: If the driver was negligent—speeding, driving while fatigued, under the influence, or violating traffic laws—they can be held personally liable.
- The Trucking Company: Companies can be liable for negligent hiring practices, inadequate training, failure to maintain vehicles, or pressuring drivers to violate safety regulations. Under the legal doctrine of respondeat superior, employers are often responsible for their employees’ actions during work hours.
- Cargo Loaders: Improperly loaded or secured cargo that shifts during transport can cause the driver to lose control. Third-party loading companies may bear liability in these situations.
- Vehicle and Component Manufacturers: Defective truck components—faulty brakes, tire defects, or other mechanical failures—may give rise to product liability claims against manufacturers.
Compensation You May Recover In a San Antonio Truck Accident Case
Personal injury cases like truck accidents involve three main categories of damages, each with its own purpose. These are economic, non-economic, and punitive damages.
Economic Damages
Economic damages encompass all measurable financial losses an accident victim incurs. These are the things you can prove with receipts.
- Medical Expenses: These are things like emergency room visits, hospital stays, surgical procedures, doctor’s fees, rehabilitation services, and medication.
- Lost Wages: This is the measure of how much income was lost due to being unable to work. Paid time off, tips, commissions, and even the value of business deals may be included.
- Loss of Earning Capacity: Similar in nature to lost wages, loss of earning capacity is the coverage for future income you can no longer earn as a result of serious and/or permanent injuries.
- Property Damage: Any personal belongings damaged in an accident count as property damage. Of note, even files and software on electronic devices may—but not always— count to this if an accident leads to unrecoverable data (and value can be proven).
- Out-of-Pocket Expenses: Miscellaneous services and products deemed necessary for the duration of recovery fall into this category. These are items such as transportation, home care services, home modifications, and more.
Non-Economic Damages
These address intangible losses, including physical pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement or disability, and loss of consortium for spouses. Non-economic damages are also called personal damages, and assign a rough value estimate to things that do not have receipts attached to them.
Punitive Damages
Punitive damages are awarded rarely, and only when a case makes it to court. These are intended less for compensation and more to deter the actions that caused an injury.
Punitive damages are mostly seen in cases where gross negligence is involved. Texas law caps them at whichever is higher: $200,000, or twice the economic damages plus up to $750,000 in non-economic damages.
How Long Do I Have to File a Truck Accident Claim in San Antonio, TX?
In Texas, a statute of limitations applies to personal injury claims, including truck accidents, where you generally have two years from the date of the accident to file a lawsuit. If you fail to file within this timeframe, you will lose your right to compensation.
There are rare exceptions to this rule, such as cases involving minors or situations where the injury was not immediately apparent. Accidents where a government body is involved also have shortened time limits, with as little as six months for a victim to take action.
San Antonio Truck Accident FAQ
How much does a truck accident lawyer cost?
At Singh Ahluwalia Attorneys at Law, we work on a contingency fee basis, meaning we only get paid if we recover compensation for you. Our fee is a percentage of your settlement or verdict, so you never pay anything out of pocket.
There are no upfront costs, and if we don’t win, you owe us nothing.
Can I sue the trucking company directly?
Yes. In many cases, the trucking company bears legal responsibility for the accident through negligent hiring, training, supervision, or maintenance practices.
We thoroughly investigate company policies and practices to identify all liable parties.
What should I do immediately after a truck accident?
Your safety and well-being are the top priorities.
- First, move to a safe location and seek immediate medical attention, even if you don’t feel injured.
- Second, contact local law enforcement right away.
- Third, if possible and safe to do so, gather evidence at the scene, such as photos of the vehicles and surroundings, contact information from witnesses, and the truck driver’s information and insurance details.
- Finally, contacting an attorney as soon as possible is crucial to protect your rights.
Contact a San Antonio Truck Accident Law Firm Today
Don’t face the aftermath of a truck accident alone. The insurance companies have lawyers protecting their interests—you need someone fighting for yours.
Our San Antonio personal injury lawyers have the experience, resources, and determination to take on major trucking companies and secure the compensation you deserve. Call Singh Ahluwalia Attorneys at Law at (210) 293-7517 or fill out our free case review form today.
