Has your life changed forever because of a recent accident involving a tractor-trailer, big rig, semi-truck, or another large commercial vehicle in San Antonio, Texas? To make the most of your fight for financial justice, enlist the help of an experienced San Antonio truck accident lawyer at George Salinas Injury Lawyers. Call us at (210) 672-1662 to schedule a free case evaluation now.
We’re award-winning Texas trial attorneys with decades of experience helping catastrophically injured clients and grieving families. Our results speak for themselves, with hundreds of millions in settlements and verdicts recovered for injured victims of big rig accidents.
Let us help you stand up and assert your rights. We’re ready to take on the trucking company, insurer, and anyone else who tries to stand between you and the compensation you deserve.
How George Salinas Injury Lawyers Can Help After an 18 Wheeler Accident in San Antonio, TX
The trucking industry is tightly regulated by the Federal Motor Carrier Safety Administration (FMCSA) and Texas state law. Needless to say, it can be difficult to identify the laws that might apply to your truck accident case and navigate the complex procedures that might be necessary to elicit a financial recovery.
Fortunately, you do not have to go through this difficult season of your life on your own. Our San Antonio personal injury attorneys are here to take on every aspect of your truck accident case, giving you the time and opportunity to recover.
We’ll invest our considerable resources, skills, and experience as we:
- Conduct a thorough (and independent) investigation into your truck accident
- Determine what caused the accident, how it could have been avoided, and who’s at fault
- Carefully evaluate evidence we’ve obtained through an investigation and the discovery process
- Work closely with experts and specialists in the trucking industry, regulation, medicine, accidents, and rehabilitation
- Skillfully negotiate the terms of a settlement with at-fault parties, trucking services, and insurance companies
- Offer advice and guidance when you are tasked with making important case-related decisions
- Bring your case to trial and argue on your behalf in front of a Bexar County jury, if necessary
At George Salinas Injury Lawyers, our 18 wheeler accident attorneys in San Antonio work on contingency. You pay nothing unless we settle or win your truck accident case.
Call our law office today to set up a time to discuss the details of your case with a member of our team.
San Antonio Semi Truck Accident Statistics
Commercial trucks, including big rigs, tractor-trailers, and semis, play a critical role in transporting goods to and from the more than 2.6 million people who live and work in San Antonio.
As the third-largest city in Texas, traffic conditions are already less-than-ideal before you add trucks into the mix.
It’s not surprising that auto accidents involving large commercial trucks aren’t uncommon in San Antonio and surrounding towns in Bexar County.
According to data from the Texas Department of Transportation, 2,210 commercial truck accidents were reported in Bexar County in 2021.
These accidents caused:
- 16 deaths
- 36 suspected serious injuries
- 290 less serious injuries
That’s roughly 6 truck accidents in and around San Antonio every single day.
Types of 18-Wheeler Accidents in San Antonio
Many different things can go wrong with 18-wheelers, which is why the Federal Motor Carrier Safety Administration imposes many regulations on drivers of these large vehicles, including rules for hours-of-service, cargo loading, and more.
However, while all different kinds of accidents happen, certain specific types of collisions are much more common than others. Here are some of the most common types of 18-wheeler accidents:
- Jackknife accidents: If the tractor or cab part of an 18-wheeler slows down much faster than the cargo or trailer portion, this can cause the trailer to fishtail and spin out to the side. This can strike other vehicles and push them down the highway and can cause an obstacle for oncoming traffic. These accidents are often serious or deadly, and they usually result from a driver applying the brakes too quickly or too hard.
- Truck rollovers: Trucks have a high center of gravity and are more prone to rollovers as a result of this. This is especially true if a truck driver takes a turn too quickly or makes a sudden swerve on the road. The truck can roll over onto other vehicles, causing devastating injury for truck occupants and for others on the road.
- Underride accidents: Underride accidents can happen when a smaller vehicle slides underneath the body of a large 18-wheeler. These incidents can cause catastrophic injury to occupants of the vehicle that travels underneath the 18-wheeler. This is common in rear-end collisions.
Each of the above types of common truck accidents generally happen only with large commercial trucks. However, 18-wheelers can become involved in some of the same types of accidents that all drivers are susceptible to including:
- Head-on collisions
- Sideswipe accidents when the truck swipes or brushes against the side of another vehicle, often because it makes a turn that is too wide.
- T-bone accidents where one vehicle strikes the side of the other and the two cars make a “T” shape.
- Rear-end crashes, which occur when the truck crashes into the back of another vehicle. Since trucks have a large size, they have a long stopping distance so there’s a high risk of these types of collisions.
In many situations, these truck accidents occur as a direct result of a truck driver’s failure to exercise a reasonable level of care. When drivers don’t behave safely behind the wheel, they can be held legally liable for resulting losses.
George Salinas Injury Lawyers can provide help with all types of truck accident claims and we’ll work with you to prove that the driver was at fault for the crash. Under Texas Code Section 33.001 you can pursue a claim against the responsible trucker, and potentially the trucker’s employer, as long as the truck driver was at least 51% to blame for the accident.
What Causes San Antonio Truck Accidents?
There’s a reason why the trucking industry is subject to strict rules and regulations. Trucks are incredibly large, powerful machines – and even one simple mistake can be catastrophic.
While everyone – from truck drivers to trucking companies to manufacturers – has a responsibility to make sure that trucking operations go off smoothly, not everyone lives up to their obligations. When drivers engage in unsafe behaviors, the consequences can be devastating.
Sadly, many drivers take risks they shouldn’t and many things go wrong behind the wheel. Some of the most common contributors to truck accidents in San Antonio include:
- Driver inexperience
- Distracted driving
- Drunk or drugged driving
- Fatigued driving
- Falling asleep at the wheel
- Speeding
- Driving too fast for road or weather conditions
- Unsafe turns
- Following too closely
- Negligent vehicle maintenance
- Negligent vehicle inspection
- Overloading
- Improper securement of cargo
- Cargo shifts
- Negligent hiring
- Vehicle defects
- Road defects
Federal Motor Carrier Safety Regulations, and other driver-safety laws, are in place to try to prevent many of these types of collisions.
For example, drivers of 18-wheelers must have a special commercial license. Truckers are subject to stricter laws on impaired driving in Texas, with drivers not allowed to have a BAC of .04 or above while the legal limit for other motorists is .08. FMCSA rules also limit the number of hours that a trucker is allowed to be behind the wheel before taking rest breaks.
If a truck driver violates any of these safety laws aimed at preventing crashes, this creates a presumption of negligence. Instead of you having to specifically prove that the driver was less careful than a hypothetical reasonable person would have been, you can simply prove the regulatory violation occurred and show that you were harmed in the way the regulation aimed to prevent.
Our truck accident lawyers in San Antonio will carefully examine the specific details of your crash, working to identify precisely why and how it happened. We’ll take steps like interviewing witnesses, obtaining security camera footage, and subpoenaing any “black box” records or electronic records created by the truck to show the crash cause.
Once we’ve determined the cause, we can move forward with a strong claim against all responsible parties.
Remember, while you must show that the truck driver was negligent, you can take action against the trucking company even if the company was not negligent or careless at all. Painter v. Amerimex Drilling I, Ltd makes clear that “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment.” If the driver engaged in unsafe behaviors, the trucking company can be held liable for the on-duty negligence of their employee.
If a road or vehicle defect was to blame, you’ll also need an attorney familiar with special rules such as product liability claims and claims against the government agency responsible for maintaining the roads. George Salinas Injury Lawyers has the knowledge and experience necessary to represent you during these complicated types of claims.
Who’s Liable for a Big Rig Truck Accident in San Antonio?
It’s not just the negligent truck driver who could be on the hook for the costs and consequences of your big rig accident. In fact, anyone whose negligence or intentionally harmful actions contributed to the crash could be liable.
Pending a thorough investigation of your truck accident, potentially liable parties might include:
- Trucking company
- Freight broker
- Truck maintenance professional
- Negligent third-party motorists, including drivers of passenger vehicles, Uber or Lyft drivers, or motorcyclists
- Bicyclists
- Pedestrians
- Property owner
- Government agency
When you choose George Salinas Injury Lawyers, you’ll put the liability parties on notice and show them that you’re serious about holding them accountable for the harm they’ve caused. We’ll exhaust all options for recovery after you’ve been hurt, working to maximize your financial reward.
How Does Shared Fault Affect Compensation in a San Antonio Truck Accident Case?
In Texas, sharing responsibility for a truck accident can potentially bar a victim from recovering compensation. However, this is only the case if the victim’s shared responsibility is equal to or greater than 51 percent.
So, as long as you’re not mostly to blame for a truck accident, you can still recover compensation for your costs, injuries, and suffering from a third party.
If you do share some of the blame, your financial award will be adjusted to reflect your role.
For instance, sharing 10 percent fault will result in a reduction of damages by 10 percent.
The negligent truck driver – or their representatives – will not hesitate to point fingers and blame you for your car accident. After all, the less fault they share, the less they’ll have to pay when your case is resolved. If they can shift enough blame your way, they can sidestep liability entirely.
Be ready to fight back against these (often unsubstantiated) allegations. Put our award-winning Texas truck accident attorneys in your corner. We’ll fight back and work to minimize how much – if any – liability you’re assigned.
Truck Accident Victims Can Suffer Severe, Catastrophic Injuries
At George Salinas Injury Lawyers, we represent truck accident victims who have suffered:
- Traumatic brain injury
- Amputation
- Nerve damage
- Burns
- Spinal cord injury
- Back injury
- Neck injury
- Catastrophic injury
- Broken bones
- Internal organ damage
- Crushing injury
- Chest injury
- Soft tissue injury
- Wrongful death of a family member
While some injuries present right away, others can develop worsening symptoms over time. You should visit a medical doctor as soon as possible at a local San Antonio, Texas hospital after your car and truck accident. Medical professionals can identify any internal or hidden injuries and can document your injuries carefully so that there’s clear evidence they are linked to your accident. You’ll need this evidence to be fairly compensated for your losses.
When you suffer catastrophic injuries, they can forever change your life. They may cause ongoing pain and impact your ability to work and earn a living. You should be compensated for all of these losses, so contact our San Antonio truck accident lawyers to get help proving your injuries and recovering the damages you deserve.
What Damages Are Available to Tractor Trailer Truck Accident Victims?
In Texas, tractor-trailer accident victims can generally recover two different types of damages:
- Economic damages. These include economic awards that offset actual financial losses such as the costs of medical bills you’ve paid and the cost of missed work time and reduced earning potential.
- Non-economic damages. These damages pay for non-financial losses that are much harder to value. Non-economic damages can include compensation for things like pain and suffering and emotional distress.
Our personal injury attorneys in San Antonio will help you fight to get compensation for many different types of economic and non-financial damages including:
- Present and future medical bills
- Property damage
- Personal care assistance
- Lost wages
- Reduced earning capacity
- Disability
- Out-of-pocket costs
- Funeral expenses
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Post-traumatic stress disorder (PTSD)
Our team will collaborate with recognized experts and specialists throughout the claims process, particularly when it comes to valuation. They can lend insight into your case that really helps us appreciate how your life has changed and what your truck accident has cost you.
This simple and powerful step can help to ensure that you receive a result that really represents what your truck accident case is worth.
What Classifies Large Trucks in San Antonio?
According to the Federal Motor Carrier Safety Administration, commercial motor vehicles have a specific definition. Commercial Motor Vehicles, or CMVs, include “any motor vehicle used on a highway in interstate commerce to transport property or passengers” if that vehicle meets any of the following criteria:
- Its gross vehicle weight (GVWR) is 10,001 pounds or greater.
- Either by itself or in combination with other vehicles, it has a gross vehicle weight rating of 26,001 pounds or more
- It’s used for the transport of more than eight passengers for compensation or for the transport of more than 15 passengers if the driver is not receiving compensation for the transportation.
- If it is a vehicle of any size that is transporting hazardous materials that require federal placarding
Not every commercial motor vehicle is a large truck, but those that meet the FMCSA’s “gross weight ratings” would fall within this classification. The city of San Antonio also defined large trucks for purposes of a parking crackdown as vehicles that are larger than 24 feet or that are taller than eight feet in length.
Large trucks tend to cause more damage because of the added force of the impact that occurs in a crash, but it doesn’t really matter if a vehicle is classified as “large” or not for purposes of making a personal injury claim. If a truck of any size hurts you, you may be able to take legal action against the driver and against the driver’s employer in order to recover full and fair compensation for damages.
Do I Have Grounds for an 18-wheeler Accident Case?
Whether you have grounds for an 18-wheeler accident case will depend on the specifics of your situation.
Under Texas Code Section 33.001, you have grounds to pursue a claim as long as the trucker was at least 51% responsible for the crash that harmed you. If the trucker caused the accident while performing work duties, you also have grounds to pursue a claim against the trucker’s employer under Texas laws governing vicarious liability.
A truck driver, and potentially their employer, can be held responsible if the following are true:
- The truck driver had a duty to you: All truckers have a duty to behave with a reasonable degree of care and to follow federal and state regulations.
- The truck driver breached that duty or failed to fulfill it. The driver behaved less carefully than a hypothetical reasonable driver would have under the circumstances or the driver violated a safety regulation, which creates the presumption of negligence.
- The driver’s failure was the direct cause of your collision. It must have been at least 51% the reason for the crash. If you share fault but were less than 51% to blame, your damages will be reduced based on the percentage of fault attributed to you, which will be determined by the trier of fact according to Texas Code Section Sec. 33.003.
- You suffered harm as a direct result of the collision. The injuries and damages you sustained must have been directly related to the crash the trucker caused.
You can prove these elements of your case and show you have grounds by providing evidence from the crash scene, recordings from the truck’s black box, witness statements, and expert testimony.
George Salinas Injury Law will evaluate your claim, help you to determine if you have grounds for your case, and fight for you at each step in showing that you deserve full and fair compensation from the trucker and their employer for the losses you endured.
What’s the Statute of Limitations For a Texas Truck Accident Lawsuit?
Texas law provides a two-year window in which truck accident victims may file a legal claim for damages.
This gives you until the second anniversary of your San Antonio truck accident to pursue compensation.
Once the statute of limitations expires, you’ll lose the right to take legal action forever. That will mean bearing the burden of the truck accident on your own, which just isn’t right.
Protect yourself by reaching out to the compassionate legal team at George Salinas Injury Lawyers as soon as you can.
Schedule a Free Consultation With an Experienced San Antonio Truck Accident Lawyer
Were you or a family member recently injured in a truck accident in San Antonio, Texas? Let the experienced San Antonio truck accident attorneys at George Salinas Injury Lawyers help you fight to get the compensation you deserve.
Our team of top-rated Texas trial lawyers is ready to stand up to powerful, well-funded trucking companies on your behalf, working to extract a financial award that helps to make things right.
We offer a free, no-obligation case evaluation. Reach out to our San Antonio law office to learn more. A member of our team is always available – 24/7/365.