Injured as a Passenger in a Truck Accident - San Antonio TX Injury Attorneys

The major highways that keep San Antonio well connected to other Texas cities also present a significant risk: about one quarter of all large truck accidents occur on interstates. Although legal advice commonly focuses on the involved drivers, each injured passenger benefits from the expertise of a lawyer, too.

When a personal vehicle collides with a large commercial truck traveling north-south on I-35, for example, innocent passengers may suffer from the poor decisions of either driver. For these vulnerable individuals, the 18 wheeler accident attorneys at Carabin Shaw can help restore a sense of control.

Like the rights of drivers and bystanders, passenger rights in truck accidents include the freedom to seek compensation from all liable parties.

Liability refers to legal responsibility. In San Antonio, all drivers must carry liability auto insurance that covers at least $30,000 for injuries per person, up to $60,000 for the entire accident. A trucking company’s commercial liability insurance might also pay for injuries.

Fault is a type of liability that requires proving someone’s negligence or intentional harm. In certain at-fault accident states like Texas, shared fault is also possible.

In the aftermath of a truck accident, police and first responder reports weigh heavily in the decision-making process about who’s liable. When insurance adjusters use this information, San Antonio truck accident attorneys ensure that all reports and decisions fairly represent the situation.

In a collision involving a large truck, responsible parties could include the following:

• Trucking company
• Truck parts manufacturer
• Maintenance crew
• Cargo loaders
• Truck driver
• Driver of the car you’re in

As a passenger, your own attorney can provide advice specific to your needs and protect your rights when there are conflicting interests.

When a truck driver is negligent, trucking companies could assume liability if the driver is considered an employee. Experienced lawyers like members of our team at Carabin Shaw can also make legal claims against companies that fail to:

• Provide adequate training.
• Ensure proper licensing.
• Equip vehicles with necessary safety features.
• Vet drivers appropriately.

A company’s insurance might not cover an at-fault truck driver who’s classified as an independent contractor. Drivers who are deliberately reckless could also be disqualified. In these cases, the driver owes damages.

Research shows that drivers are likely to be safer when carrying auto passengers. But that doesn’t mean they’re infallible, nor does it mean that truck drivers fulfilling long hours on the road are always at their best.

The third-party claims you file may allow you to receive coverage for your truck accident passenger injuries from:

• An at-fault truck driver’s insurance
• Your driver’s insurance, if they caused the accident
• Both

In addition, you can pursue lawsuits when fair coverage is denied.

If the at-fault drivers’ insurance is insufficient, you (or your driver) can also file claims for passenger injuries with your own personal injury protection or uninsured motorist policy. However, these types of insurance are elective in Texas, so you might not have access to them. Typically, you exhaust all other avenues before exploring these first-party claims.

Texas leads the country in fatal truck accidents, and the injuries sustained by survivors are often severe. As Carabin Shaw reviews show, we strive for the best possible outcome in every case, ensuring that you don’t accept a quick settlement without understanding the breadth of available options.

To learn more about possible legal actions, schedule a free initial consultation by calling our 24/7 toll-free number 800-862-1260. For ease, our staff can assist you in Spanish or English. You also don’t need to gamble your financial security on legal support, as we offer our services on a contingency-fee basis.

For more information:

• FMCSA
• Injury Facts
• Science Direct