San Marcos Truck Accident Attorneys
Aggressive Representation for Truck Accident Victims in Hays County
Truck accidents can be incredibly devastating, causing catastrophic injury and even death. These types of accidents are especially dangerous because of the size and weight of trucks compared to other vehicles on the road. They also tend to be more legally complicated than other types of car accidents, as multiple parties – including parties other than the truck driver – may ultimately be liable for your injuries.
If you recently suffered injuries in a truck accident, our San Marcos truck accident lawyers are prepared to thoroughly investigate what happened, ascertain liability, and help you take legal action to hold responsible parties accountable. Through a personal injury claim, we can help you seek damages you need to cover mounting medical bills, lost wages from missed work, and other calculable and incalculable losses. At The Law Offices of David C. Hardaway, we believe in honesty, accessibility, and results, which is why we will always be transparent when discussing your legal options and what we can do for you. If we believe you have a strong claim and you choose to trust us with your case, we will leverage the full extent of our skills and resources to fight for the best possible outcome.
Call (512) 846-9966 or contact us online to discuss your case in a free initial consultation. Our firm handles truck accident claims in many areas throughout the region, including but not limited to San Antonio, Seguin, Wilson, Medina, Guadalupe, Gonzales, Comal, Caldwell, Blanco, Bexar, and Bastrop Counties. Se habla español.
What Causes Truck Accidents in Texas?
Like any auto accident, truck collisions can be caused by driver negligence, which can take one of several forms. Unlike typical car crashes, however, truck wrecks may also result from one of several additional factors, some of which are not necessarily in the driver’s control. Understanding and determining precisely what elements contributed to a truck accident is essential to establish who is liable. Our San Marcos truck accident attorneys are familiar with the circumstances that lead to these wrecks and will know what to look for when conducting our investigation.
A truck accident may be caused by:
- Failure to follow traffic rules. Drivers of all types of motor vehicles are required to follow traffic laws, some of which exclusively apply to trucks over a certain size or weight threshold. A truck driver’s behavior will almost certainly be considered negligent if their excessive speeding, failure to honor traffic lights or signs, failure to signal before changing lanes or turning, or failure to yield the right of way leads to a collision.
- Impaired driving. Driving while under the influence of alcohol or drugs is unlawful no matter what vehicle you are operating. Most professional truck drivers know better than to consume alcohol before getting behind the wheel, but some may consume or ingest drugs (both illicit and prescribed) that impair their focus, reaction time, and ability to safely control their large vehicle.
- Fatigued driving. Truck drivers often have to drive for long periods of time without getting sufficient rest, which is why there are laws in place that mandate maximum driving times and breaks of a certain length. When these rules are intentionally or unintentionally violated, the driver will likely suffer from impaired judgment and slow reaction times while on the road. Consequently, fatigued truck drivers may struggle to control their vehicles or react quickly enough to changing traffic conditions, increasing the risk of an accident.
- Improper training or driver inexperience. Drivers who are inadequately trained may be unfamiliar with certain safety protocols or have insufficient knowledge about how to properly operate an enormous truck. This can result in poor driving decisions and an increased risk of a crash due to the increased size, weight, and complexity of trucks compared to the average car. For example, truck drivers who are not aware of the dangers posed by sharp turns or narrow lanes may take risks that could cause catastrophic accidents. Trucking companies have a legal responsibility to adequately train all new drivers and confirm they are properly licensed so that they are prepared to handle situations involving a large commercial vehicle.
- Improperly loaded cargo. When a truck’s cargo is not secured properly, it can shift and cause the driver to lose control of their vehicle, especially when making a sharp turn or braking suddenly. Improperly loaded cargo can also create an imbalanced center of gravity that further increases the risk of a crash. Cargo loaders have a responsibility to ensure all contents of a truck is safely secured before clearing the vehicle for departure.
- Inadequate maintenance or vehicle defects. The complexity of commercial trucks demands more frequent maintenance than other types of vehicles. Regular, professional inspections must be conducted to ensure all components are functioning correctly and up to safety standards. This includes checking brake fluid levels, inspecting hoses for signs of wear or corrosion, and ensuring that tires are inflated properly and have enough tread depth. In some cases, however, even regular maintenance may not prevent certain problems from arising with trucks due to defective parts or materials used during manufacturing.
Who Is Liable for a Truck Accident in Texas?
You should not assume the truck driver is automatically liable for an accident or that they are the only liable party. Depending on what happened, liability may rest with one or more other parties, and obtaining the compensation you deserve requires knowing who to specifically pursue legal action against. When The Law Offices of David C. Hardaway takes your case, we will work fast to determine who can be held responsible.
Any of the following parties could be liable for a truck accident:
- The truck driver
- The trucking company
- The cargo loaders
- The manufacturer of the truck or defective truck components
- The truck’s maintenance crew
What Damages Can I Recover in a Truck Accident Lawsuit in Texas?
You can recover both economic and non-economic damages through a truck accident claim, but to successfully do so, you must file your lawsuit before the state’s statute of limitations expires. In Texas, you only have two years from the date of the truck accident to start the legal process. If you wait too long, you will be barred from recovering any compensation, which is why you should discuss your situation with our attorneys as soon as possible.
Our San Marcos truck accident lawyers will fight to secure maximum compensation for all economic and non-economic losses, including:
- Medical expenses
- Lost income
- Reduced earning potential
- Property damage
- Pain and suffering
- Mental anguish
What If I Was Partially Responsible for a Truck Accident in Texas?
In some scenarios, you may be aware that your actions contributed to an accident, even if you know the fault primarily rests with the truck driver or other parties. In Texas, you can still pursue a personal injury claim against the liable parties and seek compensation for your losses, but any awarded damages will be reduced by what the court determines to be your percentage of fault. Under the state’s modified comparative negligence laws, you also will not be able to recover any damages if the court finds you are more than 50% responsible for the wreck. So, if your damages total $100,000 and the court decides you are 10% at fault, you would get $90,000, but if the court found you were 51% at fault, you would receive nothing. Our San Marcos truck accident attorneys are prepared to take on cases of partial liability and will be honest when discussing how your role in the crash will affect what you can recover.
You owe our firm nothing unless we recover compensation on your behalf, so contact us online or call (512) 846-9966 to discuss your legal options today.