18-Wheeler Accident: Proving Liability

Accidents happen all across Texas. However, San Antonio, the second most populous city in Texas, is a host to many accidents that involve commercial trucks like 18-wheelers. These collisions are often deadlier than accidents that involve normal passenger vehicles. This is due to the fully loaded “big-rig” an 18-wheeler typically carries, which can weigh up to 25 times more than an average sedan. Because the weight difference can be substantial, the physical impact and effects of a collision against a smaller vehicle can lead to serious, in some cases, fatal injuries.

When an 18-wheeler or any other large commercial vehicle crashes at the expense of another’s health and safety within San Antonio, the victim gains an opportunity to recover monetary amounts for the damages suffered as a result of the collision. In order to begin the process of recovering the compensation, legal claims must be brought up against the party responsible for the accident. Meeting with a San Antonio 18-Wheeler Accident Lawyer who specializes in 18-wheeler and other commercial truck accidents is an important step in determining who should be held responsible for the damages received. At Carabin Shaw of San Antonio, semi-truck accidents/18-wheeler accidents are our attorneys’ specialties.

Having an experienced attorney can prove the difference between receiving a full compensation or a sum of minimal money damages. There is a critical model for qualified attorneys to follow when applying the 18-wheeler accident proving liability motion. This can prove whether the defendant can be held responsible for damages due to negligence or not. It must be proven that the defendant was not responsible enough to apply a reasonable amount of care in order to avoid causing injuries (e.g. drivers are required to show care on the road in order to prevent accidents and injuries.)

In order for the 18-wheeler accident proving liability strategy to work, an attorney must prove that the defendant did not apply the proper care that was required while driving. It must then be proven that it was this failure to provide the degree of care that caused the accident which led to the injuries or fatalities. There are circumstances where the proving liability strategy may not be acceptable, and the driver of the 18-wheeler will not be held accountable for the accident due to a certain criterion of considerations given to 18-wheeler drivers involved in the accident.

For instance, if the accident was a result of the 18-wheeler jackknifing, and the defendant can prove the jackknife was the result of unforeseen slippery road conditions, or if the driver was forced to make a sudden turn due to another motorist on the road, or to avoid a stalled vehicle, then they increase their chance of not being held for “negligence.” If the accident occurred during the turn of a vehicle they may have the defense that large vehicles like 18-wheelers often need to use two lanes to make a right-hand turn. There have been cases where the commercial driver was not held negligent after the non-commercial vehicle moved into the area being used to turn the truck, causing a collision.

When one has an attorney that is experienced in these types of accidents, such as those working with Carabin Shaw’s firm in San Antonio, one can rest assured that all possibilities will be covered and the correct parties will be held responsible for the accident. Our 18-wheeler accident attorneys are equipped to determine liability, and determine who can be held responsible for your accident.

Call us today for a free case consultation at 210-222-2288, or toll-free at 800-862-1260.