With I-35 in the northern section of the city connecting San Antonio to New Braunfels and I-10 running along the southern border of the city, Schertz is no stranger to commercial truck traffic. As the largest city in the Randolph Metrocom surrounding Randolph Air Force Base, Schertz frequently sees accidents involving these large trucks as they pass through the area.
Any person who is injured in an accident involving a tractor-trailer should immediately contact an experienced truck accident lawyer. With more than 25 years of experience with handling truck accident cases in Schertz and surrounding areas in Comal County, Guadalupe County and Bexar County, Burch Law Firm is here to help you.
Our firm’s experience includes a $1.21 million settlement for a diesel mechanic who suffered serious leg and foot fractures after being struck by an oilfield services truck that crossed the centerline of a roadway in the heart of the Eagle Ford Shale.
When you contact Burch Law Firm, you will speak directly with a lawyer who will give you the serious attention that you deserve. Call us at 830-629-0955 today or reach us online for an honest and thorough evaluation of your case during a free consultation. We will charge no costs or fees unless we secure compensation for you.
What Can an Investigation Reveal About Your Truck Crash?
The primary purpose of any truck accident investigation is to determine the cause of the crash and who may be held liable for damages. Some of the most common causes of commercial truck accidents include:
- Truck driver negligence such as distracted driving, drunk driving, fatigued driving, speeding and other traffic violations
- Trucking company negligence such as negligent hiring (failure to conduct a background check), lack of supervision, forcing or encouraging dangerous behavior or failing to inspect or maintain the vehicle
- Mechanic negligence such as failure to properly inspect and maintain a vehicle
- Freight broker negligence such as hiring unqualified drivers
- Shipper negligence such as failure to properly load or secure cargo
- Truck part manufacturer negligence such as manufacturing defective parts like brakes, couplings or steering columns.
Commercial truck accidents are much different from common car crashes because it may be possible for more than one of the parties listed above to be liable. Burch Law Firm can identify all of the possible liable parties in your own truck accident case and strive to ensure they are held fully accountable.
One liable party may try to pass blame on to another party in order to avoid paying victims anything. An experienced Schertz injury lawyer will know how to navigate these types of claims and make sure that you receive all of the compensation you are entitled to receive for your injuries and losses.
Why Do You Need to Investigate a Schertz Truck Accident Immediately?
It is important to understand that accidents involving commercial vehicles are much different from standard car accidents. While most drivers are required only to have valid automobile insurance policies that satisfy state minimums, commercial trucks must comply with various state and federal regulations.
It is important to immediately conduct an independent investigation of your crash scene so that important evidence can be preserved. In many cases, trucking companies or their insurers will quickly try to cover up any possible violations of state or federal regulations.
Furthermore, commercial truck accidents can be incredibly complex, and victims will want to make sure they can accurately determine the cause. Various forms of electronic and digital evidence need to be secured, as well as other types of evidence that may include driver logbooks and other trucking company records.
Why Do Violations of Regulations Matter in a Truck Accident Claim?
Most commercial vehicles operating in Texas are required to comply with several state and federal regulations. Violations of those regulations can be important in truck accident cases because they may constitute evidence of negligence. Examples of Federal Motor Carrier Safety Administration (FMCSA) regulations include:
- Mobile phone use – The FMCSA prohibits drivers from texting, talking on hand-held phones or holding phones to dial (unless the dialing requires the pressing of a single button).
- Controlled substances and alcohol use and testing – The FMCSA rules prohibit pre-duty and on-duty use of alcohol and establish that no driver can refuse to submit to an alcohol or controlled substance test before employment, after an accident, when under reasonable suspicion, upon return to duty or as a follow-up.
- Driver qualifications and background checks – Before a truck carrier hires a driver, the carrier must check a driver’s motor vehicle record over the past three years and conduct a safety performance review. The FMCSA also requires trucking companies to conduct an annual inquiry of driver records.
- Parts and accessories necessary for safe operation – FMCSA rules establish minimum standards for commercial motor vehicles, including requirements for headlamps, auxiliary driving lamps, front fog lamps, reflectors, brake systems and other requirements.
- Hours of service – The FMCSA’s hours-of-service regulations limit the number of hours that drivers can spend on the road without a break. The goal is to keep tired drivers off the road and prevent crashes.
- Inspection, repair and maintenance – FMCSA rules require truck drivers and trucking companies to conduct routine inspection, repairs and maintenance of their vehicles in order to ensure that no tractor-trailer is on the road in a condition that is “likely cause an accident or a breakdown of the vehicle.”
Trucking companies act very quickly to try and cover up any regulatory violations, which is why it is critical for truck accident victims to quickly retain legal counsel.
What Damages Can You Recover in a Truck Accident Lawsuit?
The types of compensation that you can demand in a lawsuit after a truck accident in Schertz will depend on the unique facts and circumstances of your case. The types of damages that victims typically seek include:
- Economic damages – Tangible losses that a victim has suffered or will suffer such as medical bills, lost wages and property damage
- Non-economic damages – These damages compensate for more subjective types of harm like pain and suffering, disfigurement or emotional distress.
In a limited number of cases such as those involving drunk or drugged driving, a victim may also demand punitive damages (or “exemplary damages”). Under Texas Civil Practice and Remedies Code § 41.003, punitive damages can only be awarded when a victim proves by clear and convincing evidence that his or her harm was the result of a defendant’s fraud, malice or gross negligence. If your loved one died in a truck crash caused by someone else’s negligence, then our firm would pursue different types of damages on your behalf in a wrongful death claim.
Our Schertz Truck Accident Attorneys Can Help You
Did you suffer severe injuries, or was your loved one killed in a commercial truck crash in Schertz or a nearby community in Texas? If so, you can count on Burch Law Firm to provide the skilled, compassionate and determined legal representation that you deserve during this difficult time. For an immediate assistance, contact us today. We can discuss your case in a free consultation.
