Satisfying the Burden of Proof

As we stated previously, in the state of Texas, the law does not require a defendant to pay a victim anything after he or she has been injured in a truck accident. The victim, or plaintiff, has to prove the defendant owes him or her compensation. And in order to get that compensation, the victim has to produce compelling evidence to sway a judge or jury. Evidence still needs to be produced even when negotiating an out-of-court settlement; the defendant or the defendant’s insurance provider must be compelled to negotiate in good faith; that won’t happen if you don’t have evidence on your side. In order to meet the burden of proof, you need to establish duty, breach, causation, and damages. These are detailed below.

Duty – The state of Texas has established that everyone owes everyone else a duty of care. In your case, you have to prove the defendant owed you the duty of providing for your safety by behaving in a responsible manner. There are different levels of duty of care that apply in different ways. In the case of motorists, all drivers owe all other drivers a duty of care to drive in a manner that is safe for everyone else on the road. In the case of a truck accident, this is a fairly easy element to establish.

Breach – You must next prove that the defendant (or defendants) breached that duty of care that you were owed. This breach typically occurs when a defendant places others in danger, either through an action that […]

Wrongful Death Lawyers on Fatal Semi-Truck Accidents and the Aftermath

Have you suffered a loss recently in a tragically fatal semi-truck accident in Texas? It is a sad fact that no action can bring back your loved one or somehow make up for the tragic loss. However, following such an accident you do have several choices for how to proceed legally in order to achieve some compensation for your loss as well as some justice for those whose negligence caused the loss.

You might ask us, what are the legal options following such a tragedy, and whom will I need to contact to start the process to achieve just restitution and to bring those responsible to account for their actions? In any case of wrongful death involving motor vehicles and especially in cases involving semi-trucks, the practical and legal proceedings are complex and convoluted, far beyond the skill-set of an inexperienced attorney, much less someone who does not have a legal background or have extensive knowledge of the law who might try and represent themselves.

The fact that it is a wrongful death case will make it complicated such that only an experienced attorney can hope to bring you through the situation. The fatal semi-truck accident wrongful death lawsuit is a complicated process made more so by each of its components. Our Law Office offers this article by way of information so that you have the tools to make your first step in the arduous process following the tragic loss of a loved one to a fatal semi-truck accident. If you have any questions, don’t hesitate to call us for a free consultation. […]

Our Law Firm Can Help Following Accidents With Fallen 18-Wheeler Truck Cargo

As if the thought of an encounter or collision with a massive tractor-trailer a.k.a. “18-wheeler” coming at you on the highway isn’t enough to put fear in the hearts of the bravest of the brave, here is one other kind of catastrophic collision to add to that list of things that might ruin your day.

In addition to having to share the road with the SUVs, and other types of passenger vehicles, commercial buses, and motor homes consider those long flatbed trucks. You have seen them with the huge tarps covering their cargo but somehow a section of flap usually always works its way loose and you can almost always get a glimpse of what is being transported underneath. Sometimes there are big long sections of underground piping, other times laying on the bed of a truck is long twisted or plaited aluminum wiring almost the entire length of the trailer itself. Many times when one of those monster flatbeds pass, you cannot help but notice that all that is keeping that shipment intact on the flatbed are those big wide metal bands that are tightly bound around the entire shipment. You just hope and pray that every band tightly ratcheted down will hold—at least until you pass. Falling cargo truck accidents almost always end with a fatality. With a sudden shift of the load when the truck driver attempts to avoid a collision by jerking the wheel, it could either be the end of a beautiful day or the beginning of a bad day. Just imagine the stress on those ratcheted metal tie-downs becoming too much and resulting in all those bands breaking loose. […]

Trucking Companies And Their Insurance Policies

The worst part is that you can’t just demand compensation from the court and think you’ll get it quickly. You must provide factual evidence that points out not just your losses but also how you came up with that value for those damages. What happens then is that defendants will likely fight about the total compensation owed by the plaintiff and then submit their own amount owed, which will likely decrease the overall amount of harm the plaintiff has endured. If you’re wanting to show how the defendant took the sneaky cheap way out, you must present unflappable evidence that prove your numbers are spot on.

What is the true cost of my case? Damages like pain and suffering and loss of earning capacity are very subjective and always up for debate, and they’re also nearly impossible to total for regular citizens. It’s complicated putting a value on pain and suffering or estimate lost earning capacity by figuring the overall value of potential raises and inflation. In the trial, you’ve got one shot to compile the amount of equitable compensation you should get. For the past 20 years, our 18-wheeler accident lawyers have been totaling damages and we have gained enough familiarity with cases such as yours to learn how to take all your losses and get an estimation of the compensation that will assist your family in getting the restitution they desire.

If you can’t show any of these four elements, you’ll probably fail at getting compensation for the harm incurred to you. You need the help of an 18-wheeler accident lawyer – especially if you […]

Investigating Technique – DOT Physical Results

San Antonio Personal Injury Lawyers » Investigating Technique – DOT Physical Results

Obtaining the Truck Driver’s Medical Certification & DOT Physical Results Following a Commercial Vehicle Accident

Commercial trucking companies have a duty to employ drivers that are drug-free and physically able to drive the massive tractor-trailer trucks that share our roads and highways. To ensure that the drivers are physically able to perform their job duties as a commercial truck drivers, the Department of Transportation requires that drivers take a physical and obtain the proper Medical Certificate signed by a medical examiner that certifies their physical health and ability to drive commercial vehicles. The Medical Certificate is valid for two years.

The medical examiners are not required to provide the medical exam information to the driver’s employer, but they are required to supply the Medical Certificate to the employer if the driver passes the exam. Therefore, it is logical step for the commercial trucking company to have medical certificates on file for each of its drivers as the medical certificate is something each driver must have passed to be permitted to drive commercial trucks in the first place. The trucking company has a duty to ensure that the drivers in its employ meet the state and federal requirements for commercial truck drivers, and this includes the physical ability of the driver. More information here

If you are in an accident with a tractor-trailer it is important that the Department of Transportation’s physical results on the driver are obtained as soon as possible. The trucking company should have the medical certificate on […]

We offer competent Representation for Truck Accident Victims

Our Law Firm has been helping people injured in car and truck accidents for over thirty years. Our Louisiana truck collision lawyers have extensive experience helping auto and big rig accident victim recover compensation for the physical and financial damage caused by motor vehicle accidents. Our firm is located in San Antonio, Texas and we routinely represent accident victims from throughout South Texas.

If you or someone in your family has been injured in a motor vehicle accident involving a car, SUV, or semi-truck, please contact our Law Office. We are committed to helping our clients solve the legal, financial, and emotional issues surrounding a car accident claim.

Truck Accidents – An Overview

A traffic accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, can be much more catastrophic than an ordinary car accident. A typical fully-loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3000 pounds. Because of this size disparity, and due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. While statistics show that truck drivers are generally much more careful on the road than automobile drivers, and thankfully the incidence of fatal crashes involving trucks and other large vehicles has declined in recent years, large truck crashes still accounted for 5350 fatalities and 133,000 injuries in 2001.

What to Do if You Are Injured in an Accident

A motor vehicle accident is a serious matter, particularly when it involves a commercial truck. You or someone […]

Truckers have a tough – monotonous Job

Truck drivers spend hours a day on the road moving goods from place to place. Unfortunately, the monotony of the trip coupled with long hours can result in drivers getting drowsy and even dozing off. This is extremely dangerous, as a truck driver who falls asleep behind the wheel could cause a serious or even deadly crash.

Our know that there are rules in place intended to limit the number of hours drivers work in order to prevent accidents caused by fatigue. A new study also shows that something besides simply limiting drive time could play an important role in preventing truck accidents.

Coffee To Fight Fatigue

It should come as no surprise that coffee keeps people awake and that caffeine is a stimulant. However, it may be surprising to some to realize just how big of impact caffeine can make on preventing truck accidents that occur due to fatigue. If you have been in an Truck Accident to fault of your own and been injured call our Personal Injury Attorney today!

According to Edmunds.com, a new study was conducted by an Australian researcher named Lisa Sharwood who works at the George Institute for Global Health. Sharwood’s study revealed that consuming a drink with caffeine in it could reduce the risk of a long-haul truck driving crash by as much as 63 percent.

This is obviously a dramatic decrease in the accident risk for a truck driver who is traveling long-distances. As a result of the major decrease, Sharwood indicates that the use of caffeine should be part of a wider strategy. Caffeine alone is not […]

Have you been injured in a Truck Accident on Texas Roads

How many of you can relate to being run down by an 18-wheeler? Have you ever been involved in an accident with one of these oversized trucks? If you have experience physical injury due to a semi truck accident, then we have some information for you!

If you have been injured in a trucking accident then we want to advise you to contact one of the Florida truck accident attorneys nearest you. By contacting a legal professional, you are better informing yourself of what you have in store in your future.

Unfortunately, trucking companies never want to pay for the damage that their vehicles inflict on the average driver. These companies generally want to put the medical expenses as well as the property damage expenses off on the drivers who certainly cannot afford to pay to get you back to the place where you were before your accident.

If you are facing this type of situation then we have a truck accidents attorney that would love to discuss your case with you. Before you shy away from meeting with an attorney, let us assure you that we are not asking you to fork out thousands of dollars that you do not have. We know that you are already facing tremendous debt and that you cannot afford to take on more debt.

Oftentimes, a truck accidents lawyer will not charge you to discuss your case with you. You might even be lucky enough to find an attorney that will represent you without charging you unless he or she collects for you. […]

Past Medical Conditions of the Truck Driver

Personal Injury Lawyers » Past Medical Conditions of the Truck Driver

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An Explanation on How Identifying the Truck Driver’s Past Medical Conditions Can Help Your Accident Claim or Lawsuit

The impression that many people have about 18-wheeler accidents in San Antonio, or the rest of South Texas, or for that matter the rest of the country is that they are caused strictly by a single momentary act of negligence of the trucker at the accident scene. However, we typically find that there are a variety of problems that culminate in an accident. If you have read many of our articles, you should know that the trucking company that employs the driver is capable of considerable negligence on its own part, as well. From the creation of a culture of negligence to ignoring basic matters, these outfits are more than capable of exacerbating or outright causing harm.

One way that trucking companies can fail in this regard is to ignore or neglect the past medical conditions of their employees. Sometimes, an otherwise competent big rig driver can succumb to health issues and may lose control of their vehicle. The driver could then lose control and hit another motorist’s car, killing or maiming that person in the process. Such negligence was completely avoidable if only the trucking company acted, so it is clear that not identifying past medical conditions can be hugely detrimental to the safety of every motorist on the road. More on this website

In this article, the attorney at our Law Offices would like to continue our series […]