Experienced Truck Accident Attorneys Serving San Marcos, Texas
If you’ve experienced injuries from a truck accident in San Marcos, TX, The Dashner Law Firm is here for you. We realize how such incidents can be taxing emotionally and financially. Our seasoned team of San Marcos truck accident lawyers has a long history of aiding victims like you. With our depth of expertise and consistent success, we’re poised to offer you unparalleled legal guidance during these tough times.
Every case at The Dashner Law Firm is treated as unique. We pledge to strive relentlessly for the justice and compensation you merit. Our team will delve into your accident’s details, amass evidence, and create a robust case. You can depend on us to handle intricate legal matters and engage with insurance companies, letting you concentrate on recuperation. You’re never alone in this.
Opting for a truck accident attorney demands ensuring they possess the necessary expertise, training, and resources. Our attorneys have been challenging trucking companies for decades, boasting a collective experience spanning over a century. This wealth of knowledge has crowned us as a trusted truck accident law firm serving San Marcos and statewide. We’re equipped to bring all culprits to justice.
It’s such dedication that makes clients pick The Dashner Law Firm. Hiring us assures you of top-tier legal service. Our financial strength, industry insights, and legal prowess equip us to ensure all guilty parties are held responsible and you are fully compensated.
Should you find yourself grappling with the aftermath of a commercial truck mishap, uncertain about the next step, reach out to us. We’re more than equipped to assist. With an impressive track record, expert affiliations, and proven strategies, we’re committed to your cause. Get in touch today to see how we can aid in your journey to recovery.
Semi-Truck Accident Statistics
- Of the 15.5 million trucks in the U.S., nearly 13% are semis, big rigs, 18-wheelers, and tractor-trailers.
- About 98% of all semi-accidents result in at least one fatality.
- Fatal tractor-trailer accidents cost Americans more than $20 billion each year, $13.1 billion of which is the cost associated with loss of quality of life.
- For every 100 million miles driven on U.S. roadways, there are 2.3 deaths and 60.5 injuries caused by big rigs.
What Are Common Causes Of 18-Wheeler Truck Accidents in San Marcos, TX?
18-wheeler trucks, also known as semi-trucks, tractor-trailers, or big rigs, are integral to the transportation industry but can pose significant risks on the road due to their size and weight. Accidents involving these trucks can have severe consequences. Here are some common causes of 18-wheeler truck accidents in San Marcos, TX:
- Driver Fatigue: Truck drivers often work long hours and can become exhausted, reducing their reaction time and judgment.
- Distracted Driving: Activities such as texting, using a navigation system, or eating can divert a driver’s attention from the road.
- Impaired Driving: Driving under the influence of alcohol, drugs (including certain prescription medications), can significantly impair a driver’s abilities.
- Speeding and Reckless Driving: Due to the massive size and weight of 18-wheelers, speeding can make it difficult to stop the truck in time to prevent an accident.
- Improper Loading: If a truck’s cargo is not loaded correctly, it can cause the truck to become unbalanced, making it harder to control and increasing the risk of rollovers.
- Lack of Maintenance: Failure to maintain essential parts of the truck, such as brakes or tires, can lead to malfunctions and accidents.
- Poor Training: Inadequate training can result in drivers who are not prepared to handle the specific challenges of driving a large truck.
- Blind Spots: 18-wheelers have large blind spots, or “no-zones,” where smaller vehicles are invisible to the truck driver. If drivers aren’t aware or don’t check these areas, they can easily collide with other vehicles.
- Weather Conditions: Rain, snow, fog, or icy roads can be particularly challenging for large trucks, which take longer to stop and are more prone to skidding.
- Equipment Failure: This can be due to manufacturing defects or the aforementioned lack of maintenance. Common equipment failures include tire blowouts and brake failures.
- Inadequate Surveillance: Misjudging the speed of other vehicles or not adequately checking surrounding traffic before making a maneuver.
- Road Conditions: Potholes, uneven road surfaces, or lack of proper signage can lead to accidents, especially if the driver is unfamiliar with the road.
- Pressure from Employers: Some trucking companies might encourage drivers to meet tight deadlines, pushing them to drive faster, longer, or under conditions they shouldn’t.
- Unfamiliarity with the Route: Driving on an unfamiliar road can lead to mistakes, especially if the driver is not prepared for sudden turns, stops, or road conditions.
Understanding these causes can help both truck drivers and other motorists be more vigilant on the road and take preventive measures to reduce the risk of accidents.
What Are The Types Of San Marcos Truck Accident Injuries?
San Marcos truck accidents, especially those involving 18-wheelers or other large commercial vehicles, tend to be more severe than typical car accidents due to the massive size and weight of trucks. Consequently, the injuries sustained by occupants of other vehicles or pedestrians can be particularly devastating. Here are some common types of injuries resulting from truck accidents:
- Traumatic Brain Injuries (TBI): These can range from mild concussions to severe brain damage. Symptoms might include headaches, confusion, memory issues, and in severe cases, cognitive and motor function impairment.
- Spinal Cord Injuries: These can result in partial or complete paralysis, depending on the area and extent of the damage.
- Broken Bones: The force of impact can lead to fractures in the arms, legs, ribs, pelvis, and other parts of the body.
- Internal Injuries: Blunt force trauma can cause damage to internal organs like the liver, spleen, kidneys, or lungs. Internal bleeding is also a concern.
- Burn Injuries: If the accident causes a fire or explosion, occupants can suffer from first, second, or third-degree burns.
- Lacerations and Abrasions: Broken glass and metal can lead to deep cuts, which might result in significant blood loss or even permanent scarring.
- Neck and Back Injuries: Whiplash is common, especially in rear-end collisions. Other injuries can include herniated discs or strained muscles.
- Amputations: In extremely severe accidents, victims might suffer from crushed or severely injured limbs that require amputation.
- Crush Injuries: When a part of the body is caught between two objects, it can lead to significant tissue damage.
- Facial Injuries: These can be caused by an airbag, dashboard, steering wheel, broken glass, or debris. They can range from minor scrapes to severe bone fractures or dental injuries.
- Rib and Torso Injuries: The force of impact can lead to broken ribs, which can, in turn, puncture lungs or other internal organs.
- Psychological Injuries: Apart from physical injuries, truck accident survivors often grapple with psychological challenges like post-traumatic stress disorder (PTSD), anxiety, depression, and emotional trauma.
- Death: Sadly, given the severity associated with truck accidents, fatalities are not uncommon.
The severity and type of injury can vary based on numerous factors, including the speed of the vehicles involved, the point of impact, the safety features in place, and the size of the truck compared to the other vehicle(s). Immediate medical attention is essential after a truck accident, even if no injuries are apparent, as some injuries may not manifest symptoms right away.
What Are The Legal Damages and Compensation Available in Truck Accident Lawsuits in San Marcos, Texas?
In San Marcos, Texas, like the rest of the state, victims of truck accidents can seek legal redress for the injuries and losses they’ve suffered due to the negligence of another party. This redress typically comes in the form of damages, a monetary compensation awarded to the injured party. Below is an overview of the different types of damages and compensation available to victims in truck accident lawsuits in San Marcos:
Economic Damages: These are quantifiable financial losses that the victim has incurred or will incur in the future as a result of the accident. They include:
Medical Expenses: Costs associated with hospitalization, surgeries, medications, rehabilitation, therapy, and any future medical care required due to injuries sustained in the accident.
Lost Wages: Compensation for the income lost while the victim is unable to work due to their injuries. This also includes potential future income if the victim’s capacity to earn is permanently affected.
Property Damage: Compensation for repairs or replacement of the victim’s vehicle and other personal property damaged in the accident.
Non-Economic Damages: These are intangible losses that don’t have a direct monetary value but significantly impact the victim’s life. They include:
Pain and Suffering: Compensation for the physical pain and emotional distress endured by the victim.
Mental Anguish: Damages awarded for the emotional and psychological effects of the accident, such as anxiety, depression, or post-traumatic stress disorder.
Loss of Consortium: Compensation for the negative impact on the victim’s relationship with their spouse or partner due to the injuries.
Loss of Enjoyment of Life: Damages for the reduced ability to enjoy life’s pleasures and activities post-accident.
Punitive Damages: Unlike economic and non-economic damages that aim to compensate the victim, punitive damages are designed to punish the at-fault party for particularly reckless or malicious behavior. They also serve as a deterrent, warning others against committing similar egregious actions. However, punitive damages are not awarded in every case and are generally reserved for instances where the defendant’s behavior was especially heinous.
Wrongful Death Damages: If the truck accident results in the death of a victim, their family members can file a wrongful death lawsuit. Compensation in these cases can include funeral and burial expenses, lost financial support, and non-economic damages like the loss of companionship and emotional pain and suffering.
To maximize the potential for receiving a fair and comprehensive compensation package, it’s imperative for truck accident victims in San Marcos, Texas, to consult with a knowledgeable attorney familiar with Texas personal injury law. A skilled attorney can help navigate the complexities of the legal system, ensuring that all potential damages are considered and pursued.
Truck Accident Negligence & Compensation
The more miles a truck driver puts on the road the more money they are paid for services. Aside from that, many are paid bonuses for arriving ahead of schedule. This tends to cause drivers to put in longer than recommended hours behind the wheel using excessive speed on the road.
Beyond this danger, there are many truck drivers who may potentially be under the influence of substances that help them stay alert. This presents a serious danger to the driver and everyone else on the road.
When an accident involves an 18-wheeler, the damage sustained will far exceed that of an accident involving a regular passenger vehicle. It’s almost certain, that if you are the victim of a truck accident, there will be serious injuries, possibly fatal ones leading to wrongful death.
What Types of Commercial Vehicle Accidents Can The Dashner Law Firm Help With?
- Accidents with Dump Trucks
- Accidents with Garbage Trucks
- Truck crashes involving tire blowouts
- Truck crashes involving parked semi-trucks
- Truck rollover crashes
- Truck Jackknife crashes
- Head-on truck collisions
- Rear-end truck collisions
- Accidents caused by Fatigued driving
- Unsafe lane-change truck accidents
- Unsecured truck cargo accidents
- Underride tractor-trailer accidents
- Inadequate driver training
What Is the Statute of Limitations on Truck Accident Cases in Texas?
After a truck accident, it’s vital to start the legal process quickly. Trucking companies often act fast to avoid blame. Delaying can lead to missing important evidence, making it harder to claim damages.
In Texas, you have TWO YEARS from the injury date to file a personal injury lawsuit. If you miss this deadline, you lose your chance to sue the trucking company.
At The Dashner Law Firm, we act right away. We alert the trucking company about the upcoming lawsuit and make sure all key evidence is kept safe. This helps us build a strong case well before the two-year deadline approaches.
Can I Receive Compensation for my Injuries if I am Partially Responsible for the Truck accident in Texas?
Yes, Texas follows the “modified comparative negligence” rule, which can affect compensation in personal injury claims when the injured party is found to be partially at fault for the accident. Here’s how it works:
Proportional Responsibility: If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault and your damages amount to $100,000, you might be eligible to recover $80,000 (which is the total damages minus 20%).
51% Bar Rule: Under Texas law, if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation.
Who Determines Responsibility in a Texas Truck Crash?
In Texas, the responsibility is determined by a judge or jury. However, many cases are resolved before reaching trial, so the need for a judge or jury to assign responsibility is less frequent. Instead, skilled lawyers utilize the litigation process to negotiate settlements aligned with the case’s specifics. If a settlement isn’t reached, the case proceeds to trial, where responsibility is assigned based on the presented evidence.
Can I Settle my Truck Accident Claim Without Filing a Lawsuit?
Yes, many truck accident claims are settled without filing a lawsuit. Here’s how the process generally works:
Accident Report and Initial Investigation: After the accident, a report is typically filed with law enforcement. This report will often be a starting point for determining the potential liabilities involved in the accident.
Medical Evaluation: It’s essential to seek medical attention after the accident, both for your well-being and to document any injuries related to the accident.
Contact with Insurance: After the accident, you or your attorney will likely contact the insurance company of the at-fault party to notify them of your intent to pursue a claim.
Settlement Negotiations: Once your injuries and damages have been assessed, you or your attorney will make a demand to the insurance company. The insurance company may accept, reject, or counter the demand, leading to negotiations. Many claims are resolved at this stage without the need for further legal action.
Mediation or Alternative Dispute Resolution: If direct negotiations don’t lead to a satisfactory settlement, both parties might agree to mediation. In mediation, a neutral third-party mediator helps facilitate a resolution between the two parties. Mediation is less formal than a trial and can often lead to a settlement without the need for court intervention.
Should I Consult an San Marcos Truck Accident Lawyer if I am not sure who is Responsible?
Yes, if you are involved in a San Marcos truck accident and are unsure about who is responsible, it is advisable to consult with a truck accident lawyer. Here are some reasons why:
Expertise in Determining Liability: Truck accident lawyers have the experience and expertise to investigate the circumstances of the accident, gather evidence, and determine potential liability.
Complexity of Truck Accidents: Truck accidents can be more complex than typical car accidents. Multiple parties might be involved, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, or the company responsible for loading the truck.
Dealing with Insurance Companies: Insurance companies often have teams of adjusters and attorneys working to minimize their liability. A truck accident lawyer can advocate on your behalf, ensuring your rights are protected and that you are not taken advantage of.
Potential for Significant Damages: Truck accidents often result in severe injuries or property damage. A lawyer can help ensure you pursue all potential sources of compensation, especially if long-term medical care is needed or there’s a loss of income.
Statute of Limitations: There’s a time limit (known as the statute of limitations) within which you must file a lawsuit after an accident. An attorney can ensure that all necessary actions are taken within this timeframe.
How Much Does it Cost to Hire a San Marcos Truck Accident Attorney?
San Marcos truck accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
How Does a Trial Lawyer Help My Case?
A trial lawyer, often referred to as a litigator, plays a crucial role in representing and advocating for clients involved in disputes that may lead to litigation or are already before the courts. Here’s how a trial lawyer can help your case:
Expertise in Legal Procedure: Trial lawyers are well-versed in the intricacies of the legal process. They understand court rules, procedures, and deadlines, ensuring your case proceeds without unnecessary delays or procedural errors.
Evidence Gathering: A trial lawyer will conduct a thorough investigation, gathering evidence from various sources, which may include police reports, witness statements, expert testimonies, medical records, and more.
Legal Strategy Development: Based on the evidence and legal principles, the lawyer will develop a strategy tailored to the specifics of your case, aiming for the best possible outcome.
Representation in Court: If your case goes to trial, your lawyer will present arguments, examine and cross-examine witnesses, and challenge opposing evidence, all to ensure your side of the story is compellingly and accurately presented.
Negotiation Skills: Even when a case is poised for trial, settlements can occur at any stage. An experienced trial lawyer can negotiate with the opposing side, seeking a resolution that aligns with your best interests.
Can I Recover Compensation for My Pain and Suffering after a Truck Accident?
Yes, in many jurisdictions, including Texas, if you’ve been involved in a truck accident due to someone else’s negligence, you can typically seek compensation for both your economic and non-economic damages. “Pain and suffering” falls under the category of non-economic damages.
Here’s a closer look at what this means:
Economic Damages: These are the tangible, out-of-pocket expenses you’ve incurred as a result of the accident. They include medical bills, rehabilitation costs, lost wages, property damage, and any other monetary losses directly related to the accident.
Non-Economic Damages: These are intangible damages that don’t have a direct monetary value but represent the physical and emotional distress caused by the accident. “Pain and suffering” is a term used to describe the physical pain and emotional anguish a victim may endure after an accident. It can encompass a wide range of issues, including:
- Physical pain and discomfort
- Emotional and psychological trauma (like anxiety, depression, or PTSD)
- Loss of enjoyment of life or diminished quality of life
- Scarring or permanent physical limitations
Is the Trucking Company’s Insurance Responsible for the Financial Damages Caused by a Truck Accident?
In many cases, the trucking company’s insurance is responsible for financial damages caused by a truck accident, especially if the truck driver is found to be at fault. However, determining liability and responsibility in truck accidents can be more complex than in standard passenger vehicle collisions. Here’s why:
Employment Relationship: If the truck driver is an employee of the trucking company and was acting within the scope of their employment at the time of the accident, the trucking company (and by extension, their insurance) is typically held liable for damages under the legal doctrine of “respondeat superior” or “vicarious liability.”
If you or someone you love has been injured or killed in a truck accident, let The Dashner Law Firm fight on your behalf. Contact our truck accident attorneys today and let us help you get the compensation you and your family deserve. Call 972-793-8989 or 817-864-9980 now.