23Sep/20

Why You Should Consider San Antonio Truck Accident Litigation

Why You Should Consider San Antonio Truck Accident Litigation

Regardless of who may be ultimately responsible for a San Antonio semi-truck accident, a thorough investigation must be made into the accident site in order to determine who the liable parties are. Liability cannot be properly assessed without the work of such an investigation, especially in regards to San Antonio 18-wheeler accidents that are likely to have multiple liable parties.truck accident law

Lesser experienced attorneys with little to no experience in trucking accident cases may not know what to look for in an 18-wheeler accident site, or even know to look for the possible involvement of other parties that may not have been directly involved in the wreck. Our San Antonio truck accident lawyers have two decades of experience in 18-wheeler accident cases. With investigative resources at their disposal, the team at our firm will work hard to ensure that all liable parties are identified so that they can be held accountable for the injury or loss they’ve caused you. Discovering the liable parties is an integral part of any civil action since each liable party will be held responsible for awarding their fair share of compensation to an injured victim or a bereaved family should an aggrieved party receive a favorable outcome to their legal pursuit. The Involvement of Insurance Companies in San Antonio Commercial Truck Accidents

As previously stated, an 18-wheeler accident is likely going to involve the trucking company’s insurer. Texas commercial trucking companies are required to purchase insurance coverage for their fleets and drivers. However, unlike insurance policies that cover passenger vehicles, trucking insurance policies are quite large. In fact, such policies can often be worth 50 times more than an insurance policy that covers a passenger vehicle. Trucking insurance policies must be valued so high due to the amount of damage that 18-wheelers can accomplish in a wreck. Property damage, personal injury, and death are all-too-common results of semi-truck accidents in Texas. Consequently, a trucking insurance policy must be able to cover the expenses of even the most costly of accidents.

The Consequences of High-Dollar Trucking Insurance Policies

Such a high-dollar insurance policy may inadvertently lead an injured victim to assume that their expenses will be fully taken care of in a short amount of time. In other words, since the insurance policy is capable of covering the victim’s incurred financial losses, then the insurance company, a victim might assume, will gladly award them just compensation for their injury or loss. Unfortunately for the victim, this scenario seldom occurs. It is actually due to the high-dollar nature of these insurance claims that an insurance company will work as hard as possible in order to not be held ultimately liable for the payoff of the claim. Despite some appearances, an insurance company is a business that exists to turn a profit. Such progress can often be made by seeing large-sum claims denied or severely diminished, regardless of an aggrieved party’s real need for proper compensation for their injury or loss.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

16Apr/20

Personal Injury Law – What Needs to Happen

Personal Injury Law – What Needs to Happen

Generally, a negligent action is a carelessness that leads to personal injury to another individual. It can be a behavior, like carelessly knocking a rock off a rooftop, or a failure to act, like a landlord who doesn’t fix a worn-out stair. A negligent action typically provides the grounds for injuries cases.

To file a legal suit for negligence, the injury victim (the individual filing the legal action) has to prove four points: That the negligent party (the person or entity being sued) owed the plaintiff a duty of due care; that the defendant failed to use due care towards the injured party (i.e. breached the duty); that the defendant’s breach of duty caused the plaintiff’s harm; and that the injured party suffered damages as an end result.   accident injury Law

Duty of care: The injury victim needs to demonstrate that the accused had a duty of reasonable care toward the injured party. An individual has a duty to avoid causing injury to another if a reasonable individual in the same scenario could foresee that behavior (or failure to act) might lead to harm. Some scenarios are very clear. We all know that somebody could be injured if we run a stoplight, so we have a duty of reasonable care to follow traffic laws and signals. Other cases are more tricky. If a homeowner has a private swimming pool in a fenced yard, does he have a duty to prevent a neighbor child from climbing the fence and accidentally drowning in the pool? How much care would a reasonable man or woman take in that circumstance? In each case, the issues concerning the injury play a significant role in determining whether or not a defendant had a duty of reasonable care towards the injury victim.

Breach of Duty: The plaintiff has to demonstrate that the negligent parties failed to carry out their duty of care. For example, an ordinary individual could foresee that a van full of explosives could ignite, so a person who parks such a vehicle in a populated parking lot has breached the duty of due care to the other people nearby. If the vehicle blows up, the driver may be guilty of negligence. A person may also foresee that a car that isn’t repaired adequately could malfunction, so if the brakes on a poorly maintained car fail and the car hits a young child, the owner of the car might have breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. Alternatively, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of reasonable care, though the brake manufacturer or the mechanic might be to blame.

Cause: The injured party needs to demonstrate that the negligent person breach of duty triggered the injury for which the plaintiff is suing. Sometimes causation is clear. If you run a red light and hit a person, you obviously caused the injuries. If the pedestrian’s elderly mother has a heart attack and passes away when she hears of her daughter’s injury, did you result in that injury? Not likely, but those are the kinds of difficulties that have to be solved in a negligence lawsuit. There could also be issues about what injury was caused by an accident. People today typically have more than one accident in their lives, so if a person has had two prior back injuries, precisely what injury to the back was caused by the most recent fall down a flight of stairs?

Damages: Damages in a negligence claim try to put the injury victim in the same situation he or she would be in if the accident hadn’t occurred. A plaintiff has to prove the monetary value of his or her injuries. For example, if somebody is disabled and can no longer work, a calculation of damages would consider the profession of the injury victim and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical expenses and estimated costs for medical care, special accommodations, and assisted living.accident law

In some situations, negligent parties are at fault for negligence because of the operation of law, and not because they specifically caused an accident. As an example, since an employer is held to blame for injuries attributable to employees during work, UPS may be liable if a UPS driver has an accident while making deliveries. A hospital may be held accountable for injury caused by only one nurse. Injured parties often make claims against several defendants to make sure there will be enough assets (money) to pay a judgment.

If you think you have been the victim of negligence, contact us for a free consultation,
Truck Accident Lawyers

02Jan/20

Personal Injury Attorneys – Trucking Accident Lawyers

As injury lawyers, it is not uncommon for us to review potential wrongful death claims involving truck driver fatigue. We often see this in the context of tractor-trailer accidents where the truck driver has fabricated his driver’s log and/or driven far in excess of his allowable hours. Many times there is demonstrated sleep loss involving the use of amphetamines, methamphetamines or other stimulants used by the driver to overcome the fatigue. truck accident attorneys

According to a newsletter we recently ran across published by a well respected truck safety organization, there is an interesting correlation between sleep loss, fatigue and the serious impairment caused by being legally drunk. Studies have shown that the impairment from sleep loss and long working hours are almost the same caused by alcohol consumption. The longer one is awake, the slower the reaction time. If one gets too little sleep (4 or less hours) this is equivalent to the effects of .05% blood alcohol for the long working hours. In one study, where people were kept awake for 24 straight hours, the slowed perception reaction time had approximately the same effect as .10% blood alcohol level which is above the level (.08%) now nationally recognized as being legally drunk. Thus, it can be clinically demonstrated that if one loses sleep for a long period of time one’s perception and reaction time is dangerously slowed. More here @ https://www.carabinshaw.com/truck-accident-attorney-in-midland.html

In our personal injury practice we often see the evidence of serious impairment caused by fatigue and lack of sleep. The end result of such fatigue we see in our practice is a serious collision. Increasingly, we see this particularly in the context of truck drivers who are trying to increase their wages by driving longer and longer hours and greater and greater distances. Even though large trucks make up just 4% of all registered vehicles, and 7% of all vehicle miles traveled, the same trucks are involved in 11% of all crash fatalities. This year, as in years past, approximately 5,000 people will be killed in truck crashes and collisions throughout the country. We know from our experience that many of these crashes are preventable and would not occur if drivers kept shorter hours and were not seriously impaired by fatigue. While commercial airline pilots typically fly only about 30 hours a month, most truck drivers drive around 300 hours a month. For some reason, this has become acceptable in the workplace even though the number of people killed in truck crashes annually exceed the number of people that are killed in major airline crashes. Query why this is so?

With improvements in technology, before long, employers and trucking companies will be able to monitor precisely the hours being kept by their truck drivers. We can only hope that legislation will follow which mandates that employers not only monitor the number of hours driven but also the number of hours taken by the driver to rest. Too many hours driving means too much fatigue which also means possible impairment of perception and reaction times. Because we see the end result of this, which is serious injury, death and tragedy for our client’s families, and we can only hope that the speed of technology will continue to develop to the point where trucking companies will have no choice but to monitor and address the significance safety issues caused by driver fatigue. Please click here @ https://truckaccidentattorneysa.com/corpus-christi-truck-accident-lawyers/