Did you recently get hurt in a San Marcos traffic accident involving a large commercial truck that wasn’t your fault? Are you struggling to recover from painful injuries and pay your medical bills while still unable to return to work? If so, don’t lose hope. A trucking accident lawyer from Burch Law Firm can help you demand money for your losses through a truck accident injury claim.
At Burch Law Firm, we have recovered millions of dollars in fair compensation for people like you, including a $1.2 million settlement for one local truck accident victim. We know what it takes to stand up to trucking industry lawyers and insurers. Our team is ready to help you right now. Contact our firm today to learn more about your options in a free initial case review with a semi-truck accident lawyer in San Marcos.
Why Do You Need a Lawyer for a Truck Accident Case in San Marcos, Texas?
Truck accident cases are unique and highly complex for several reasons, including:
- More severe injuries – Truck accidents are far more likely to result in severe injuries and extensive property damage, which means costlier injury claims. When more money is on the line, insurance companies are much more reluctant to pay full value.
- Unfamiliar trucking laws – The trucking industry is highly regulated at the state and federal levels, with industry-specific laws governing everything from truck maintenance to drug testing. If you don’t know the ins and outs of these laws, navigating a truck accident claim will be extremely difficult.
- More parties involved – Multiple parties are invested in a commercial truck’s operations, including the truck driver, the trucking company, and the companies shipping goods on the truck. When multiple parties are liable for a truck accident, each party might have its own insurance policy and legal team, making the case even more complex.
- Larger insurance policies – Commercial trucks require larger insurance policies, which means trucking insurance companies tend to be more aggressive about defending policyholders and minimizing their financial obligations.
- Different evidence – Many truck accident cases involve several types of unique evidence that are unfamiliar to most people and often harder to access. For instance, modern trucks contain “black boxes” that record crash data, and truck drivers commonly record their hours of service in electronic logging devices.
Common Causes of Semi-Truck Accidents
Most truck accidents are entirely preventable events that occur because of carelessness. Common causes of semi-truck accidents here in San Marcos, Texas include:
- Distracted driving
- Texting while driving
- Driving under the influence of drugs or alcohol
- Fatigued driving
- Exceeding posted speed limits
- Driving too fast for the conditions
- Following too closely
- Failure to check blind spots
- Failure to yield the right-of-way
- Running red lights or stop signs
- Improper turning or merging
- Truck driver inexperience
- Overloaded or unbalanced cargo
- Cargo shifts and spills
- Defective truck parts
- Poorly-maintained truck parts
Fatal Semi-Truck Accidents
Tragically, some truck accidents ultimately prove fatal for passenger vehicle occupants, pedestrians, or other parties. If someone you love died in a San Marcos truck accident, you might have grounds for a wrongful death claim.
A wrongful death case exists in Texas when someone is fatally injured by another party’s wrongful behavior and would have had grounds for a personal injury claim if they had survived. Because a wrongful death victim cannot bring a claim themselves, Texas law specifies who has the right to file a wrongful death claim on the victim’s behalf.
Surviving spouses, children, and parents of the deceased generally have the right to file a wrongful death claim after a Texas truck accident. If none of these individuals files a claim within three months of the death, the executor or administrator of the deceased’s estate has the right to file on behalf of the family.
A truck accident injury lawyer can help you seek compensation for the following types of losses through a wrongful death claim:
- Medical expenses of the deceased
- Funeral expenses
- Lost income of the deceased
- Lost care, services, support, and counsel the deceased would have provided
- Lost love, companionship, comfort, and society from the deceased
- Lost inheritance that the deceased likely would have saved and bequeathed
- Surviving family members’ mental pain and anguish due to the loss
- The deceased’s pain and suffering
Liability for a San Marcos Truck Accident
Depending on the circumstances, one or several of the following parties could be liable – that is, financially responsible – for a San Marcos truck accident:
- The truck driver – A truck driver could be liable for an accident if their negligent behavior contributed to it. For instance, a truck driver who is texting, speeding, or under the influence could be liable for resulting accidents.
- The trucking company – Trucking companies are vicariously liable for the behavior of their employees. A trucking company could also be directly liable if it knowingly hired an unqualified driver or failed to properly maintain its trucks.
- A cargo loading team – An individual or team responsible for loading cargo into a truck could be liable for a truck accident if the cargo exceeded weight limits or was unbalanced or poorly secured in a way that contributed to the accident.
- A truck manufacturer – The manufacturer of a faulty truck could be liable if mechanical, manufacturing, or design defects contributed to the accident.
- A truck repair shop – A truck mechanic or repair shop could be liable for an accident if they failed to properly inspect, maintain, or repair a truck, and a mechanical defect caused the accident.
- A government entity – A government agency responsible for local road maintenance could be liable if poor road conditions, such as large potholes or missing road signs, contributed to the accident.
Contact a San Marcos Trucking Accident Attorney
If you have questions or wish to discuss your case with an 18-wheeler accident attorney in San Marcos, don’t hesitate to reach out to Burch Law Firm. Our compassionate team is standing by to provide straightforward answers and dependable guidance during your free initial consultation session.