San Antonio Medical Malpractice & Personal Injury Lawyers
Passenger Car Accident vs a Trucking Company Accident

Passenger Car Accident vs a Trucking Company Accident

Why are accidents with truckers more complex than passengers accidents?

Having a car accident is stressful no matter who it is with, but many San Antonio residents find that things are more complex if their accident is with an 18-wheeler. Typically, people involved in an accident with an 18-wheeler truck experience worse injuries, which means a longer time of recovery and possibly the loss of income temporarily or permanently. That is why if you’ve been involved in a truck accident and the truck driver is a fault you need a team that will fight with you to make sure you are compensated properly.

Factors that can affect the outcome of your case:

How long has the driver been on shift? Did they follow the rest regulations?

One of the most common causes of trucking accidents is driver fatigue. Commercial motor vehicle drivers are limited to 11 cumulative hours of driving in a 14-hour period, following a rest period of at least than ten consecutive hours. Drivers employed by carriers in "daily operation" may not work more than 70 hours within any period of 8 consecutive days. Company records may be subpoenaed to see if a violation of these laws took place because it may assist in showing driver negligence or company negligence played a factor in the trucking accident.

Is the driver an independent contractor or company employee?

Many times companies will try to argue that the driver in the accident was driving outside the scope of their company route or that they are an independent contractor of the company and not an employee to protect themselves from the liability.

In many cases, it can be argued by your accident attorney that the argument that the driver was an independent contractor is prohibited, and the driver in fact was acting on behalf of the company. However, this isn’t always the case, and it’s important to know the driver’s relationship with the company at the time of the crash.

The cause of the accident

Getting hit by an 18-wheeler doesn’t automatically mean that the truck operator was at fault. It is important to properly document the accident after it occurs, when possible. Keep records of all medical visits, inspections or estimates and time taken off of work as a result of the accident (lost wages). Before filing a lawsuit against a trucking company be sure that you aren’t legally determined at fault.

The legal counsel you hire

It's important to know how to appropriately investigate trucking accident claims, so that the necessary records and discovery are obtained such as, black box data, gps data, driver logs, scheduling sheets, maintenance records, and cell phone data.

Moreover, it’s important to know that your claims are prioritized. At Maloney Law Group, we have the resources, experts, and time to diligently fight on your behalf.

It’s hard to take a drive down any Texas without seeing a billboard for a personal injury lawyer offering to help you to get justice after your auto accident. The truth is, not all auto accident lawyers have the same level of experience and know-how, and they will not all get you the same result. If you are in need of a San Antonio truck accident lawyer, contact the team at Maloney Law Group. The Maloney lawyers have been a name that San Antonio has trusted for decades and we will fight to take care of you.


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