03Feb/25

What Can I Sue for in a Truck Accident? 

personal injury law, Truck accident lawyers

 

This post was brought to you by Regan Zambri Long – Personal Injury Lawyer

What Can I Sue for in a Truck Accident? 

Unlike regular car accidents, truck accidents often involve multiple responsible parties, making it more complex to determine who should be held accountable. If you’ve been injured in a truck accident, you may be entitled to significant compensation—but what exactly can you sue for? In this guide, we’ll break down the damages you can claim and the parties liable for your losses to help you understand your legal options. More about our Washington truck accident lawyer here.

Damages You Can Sue for in a Truck Accident

In the aftermath of a truck accident, victims may be entitled to various forms of compensation, commonly referred to as “damages.” These damages are designed to address the financial, physical, and emotional impact of the accident. They include medical expenses, lost wages and future earnings, pain and suffering, property damage, punitive damages and wrongful death.

Medical Expenses

Truck accidents often result in severe injuries requiring extensive medical care. Victims can claim compensation for immediate costs such as emergency room visits, surgeries, and hospital stays, as well as long-term expenses like rehabilitation, physical therapy, and ongoing medical treatments.

Lost Wages and Future Earnings

Injuries from truck accidents can lead to significant time away from work. Victims may seek compensation for the income lost during recovery. If the injuries result in long-term or permanent disability affecting the ability to work, compensation may also cover the loss of future earning capacity. This can include base salary, hourly wages, potential bonuses, promotions, and retirement benefits that the victim would have earned if the accident had not occurred. 

Pain and Suffering

Beyond tangible financial losses, truck accident victims often endure substantial physical pain and emotional distress. Compensation for pain and suffering addresses the physical discomfort and the psychological impact, such as anxiety, depression, and post-traumatic stress disorder (PTSD), resulting from the accident. Calculating these damages can be complex, as they are subjective and vary based on individual experiences.

Property Damage

The force of a truck collision can cause damage to personal property, especially vehicles. Victims can claim compensation for repairing or replacing their damaged property. Besides the car, this can include personal belongings inside the vehicle that were damaged in the accident.

Wrongful Death Claims (if applicable)

Tragically, some truck accidents result in fatalities. In fact, reports show that a total of 5,936 people died in large-truck crashes in 2022. In this case, the surviving family members may file a wrongful death claim to seek compensation for funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering caused by the untimely death of their loved one.

Punitive Damages (if applicable)

In instances where the truck driver or trucking company exhibited gross negligence or willful misconduct, courts may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages are awarded in addition to compensatory damages and are typically reserved for cases involving egregious conduct.

Parties You Can Sue in a Truck Accident?

Determining liability in a truck accident is more complex than in standard car accidents because multiple parties may be responsible. Here’s a breakdown of who you can sue based on the circumstances of your case.

Truck Driver

The truck driver is often the primary party held responsible for an accident. They could be held liable if the driver was reckless, speeding, fatigued, intoxicated, or failed to follow traffic laws. Many truck accidents are caused by driver fatigue due to long hours behind the wheel, despite federal regulations limiting driving time.

Trucking Company

Trucking companies can also be held accountable, especially if they encourage unsafe driving practices. This includes unrealistic delivery schedules that pressure drivers to speed or drive without breaks. Additionally, companies that fail to maintain their fleet properly or neglect to conduct background checks on drivers with poor safety records can be sued for negligence.

Truck Manufacturer

If a defective truck part, such as faulty brakes, tires, or engine components, contributed to the crash, the manufacturer could be liable under product liability laws. In these cases, an investigation may be needed to determine whether a design flaw, production defect, or failure to recall a dangerous component played a role in the accident.

Cargo Loading Company

Improperly loaded or unsecured cargo can shift during transit, leading to loss of control, rollovers, or debris falling onto the road. If a separate company was responsible for loading the truck and their negligence caused the crash, they could be sued for failing to follow proper cargo-loading safety standards.

Government Entities (if applicable)

In some cases, poor road conditions contribute to truck accidents. If potholes, missing road signs, faulty traffic signals, or lack of proper highway maintenance played a role in the crash, the government agency responsible for maintaining the road may be responsible. However, suing a government entity involves special legal procedures and strict deadlines.

What to Do After a Truck Accident to Protect Your Claim

Taking the right steps after a truck accident can impact your ability to seek compensation. Here’s what you should do to protect your claim:

  • Seek medical attention even if you feel fine, as some injuries are not apparent immediately. 
  • Call the police and file a report to document the accident and establish an official record.
  • Take photos and videos of vehicle damage, road conditions, and visible injuries.
  • Exchange information with the truck driver, including their employer and insurance details.
  • Gather witness contact details in case their statements are needed for your case.
  • Avoid admitting fault or making statements that could be used against you later.
  • Keep all accident-related records like medical bills, repair costs, and lost wages.
  • Notify your insurance company, but avoid making detailed statements without legal advice.
  • Consult a truck accident lawyer to understand your rights and maximize your compensation.

Understanding Your Legal Rights After a Truck Accident

A truck accident can lead to serious injuries, financial burdens, and long-term consequences. Pursuing compensation requires knowing the types of damages you can claim and identifying the responsible parties. Whether it’s the truck driver, a negligent trucking company, or a manufacturer with faulty equipment, multiple factors may contribute to your case. Taking the right steps immediately after the accident and seeking legal guidance can strengthen your claim and help you recover compensation. 

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05Aug/24

Navigating Red Light Camera Tickets in Texas

traffic ticket lawyer

This Blog was brought to you by the Speeding Ticket Lawyer San Antonio Gordon Slade 210-820-3033

Navigating Red Light Camera Tickets in Texas

Red light camera tickets can be frustrating for many drivers in Texas. Understanding the legal landscape and your rights is crucial when dealing with these automated traffic enforcement systems. In this comprehensive guide, we’ll explore the ins and outs of red light camera tickets in Texas and provide insights on navigating these situations. Find more about San Antonio Speeding Ticket Lawyer here:
Understanding Red Light Camera Systems:

Red light camera systems are designed to capture images or videos of vehicles that run red lights at intersections. In Texas, these cameras are typically installed at high-traffic intersections to deter and penalize red light violations. When a vehicle enters an intersection after the light has turned red, the camera captures evidence, including the license plate, time, and date.

Receiving a Red Light Camera Ticket:

If a red light camera catches your vehicle, you’ll likely receive a ticket in the mail. The ticket will include information such as the alleged violation, images or video footage of the incident, and details on how to pay the fine. In Texas, red light camera tickets are generally considered civil violations, and they don’t result in points on your driving record.

Options for Dealing with a Red Light Camera Ticket:

Pay the Fine:
The most straightforward option is to pay the fine indicated on the ticket. This is often the path of least resistance, and it resolves the matter without further complications.

Contest the Ticket:
If you believe the ticket is unjust or if there are errors in the evidence provided, you have the right to contest it. Remember that the process for contesting red light camera tickets can vary by jurisdiction in Texas.

Ignore the Ticket:
Some individuals choose to ignore red light camera tickets, believing that the lack of a police officer witness makes enforcement challenging. However, this approach may lead to additional consequences, including late fees and a potential impact on vehicle registration.

Contesting a Red Light Camera Ticket:

If you decide to contest a red light camera ticket, consider the following steps:

Review the Evidence:
Carefully examine the evidence provided with the ticket. Look for inaccuracies, un
images, or any other factors that may weaken the case against you.

Check the Timing:
Texas law requires that red light camera tickets be issued within a certain timeframe from the violation date. If there are discrepancies in the timing, it could be a basis for contesting the ticket.

Verify Proper Signage:
Ensure that the intersection where the violation occurred has appropriate signage indicating the presence of red light cameras. In some cases, lack of proper signage may be a valid defense.

Explore Technicalities:
Consult your jurisdiction’s specific laws and regulations governing red light camera tickets. Technicalities related to calibration, maintenance, or other procedural aspects may offer grounds for contestation.

Consult Legal Advice:
Seeking legal advice from a traffic attorney experienced in red-light camera cases can provide valuable insights. They can assess the specifics of your situation and guide you on the best course of action.

Legislation and Bans:

Staying informed about legislative developments regarding red light cameras in Texas is essential. Red light cameras have been debated, and some municipalities have opted to discontinue their use. Stay updated on local ordinances and any changes in the legal landscape that may impact red light camera enforcement.

In a Nutshell

Dealing with a red light camera ticket in Texas requires a thoughtful approach. Whether you choose to pay the fine, contest the ticket, or seek legal advice, understanding your rights and the specifics of the violation is crucial. Stay informed about legislative changes, and, if needed, consult with legal professionals who specialize in traffic law to navigate the process effectively. By taking a proactive and informed stance, you can make decisions that align with your specific situation and work toward a resolution that best suits your circumstances.

31Jul/23

Carabin Shaw – Accident Injury Lawyers – Moving Announcement

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Press Release

Carabin Shaw – Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 5th 2023] – Carabin Shaw – Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the “old Creamery” 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm’s commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw’s team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it’s a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm’s attorneys have a proven track record of obtaining favorable client outcomes.

“We are thrilled to announce the relocation of our San Antonio office,” said James Michael Shaw, Managing Partner at Carabin Shaw – Accident Injury Lawyers. “This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents.”

Carabin Shaw’s new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw – Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client’s physical, emotional, and financial losses.

For further information about Carabin Shaw – Accident Injury Lawyers and their services, please visit carabinshaw.com or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw – Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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