The location of I-35 near San Marcos, TX, unfortunately, contributes to a high number of semi-truck accidents involving improper loads in the area. For cases involving negligence, a local lawyer must prove that the overloaded or improperly secured cargo caused the victim’s accident to win a lawsuit. If you’ve recently been involved in such an accident, the trusted San Marcos personal injury attorneys at Carabin Shaw can help you win your personal injury case by:
Contact us at 800-862-1260 to schedule a no-obligation complimentary case review. Our law firm has English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.
What is an Overloaded Semi-Truck?The Texas Department of Motor Vehicles has established weight limits for heavy haulers designed to enhance safety on Texas roadways. Some of the regulations include:
When a truck accident in San Marcos TX results from a violation of these regulations, truck drivers and the owners of the truck may be liable for injuries. The weight of a truck is often a contributor to long stopping distances and tipping over accidents that injure and kill innocent victims. Whether you are pursuing a personal injury claim for yourself or a wrongful death claim on behalf of a loved one, contact the top Texas attorneys at Carabin Shaw to discuss your legal options.
Texas Law Requires Secure CargoAnother road hazard that can cause an 18 wheeler cargo accident is an improperly secured load. This may be a large load carrying heavy equipment or construction supplies. The truck may also be carrying small items, such as gravel or small debris.
The Texas Transportation Code requires that:
In addition to these secure cargo requirements, the Federal Motor Carrier Safety Administration has created cargo securement rules. Loads must be able to withstand acceleration and deceleration. This means that the San Marcos, Texas trucking company must have used correct tie-down procedures to secure the load while it is in motion.
One piece of gravel or agricultural product that escapes a truck trailer may damage a windshield or create road debris that causes an accident. A lawyer must determine how the cargo became unsecured to prove liability.
Filing a Truck Accident Lawsuit in San MarcosWhen you file a personal injury claim after an 18-wheeler accident, you must claim economic and noneconomic damages. This includes medical bills, property damage, income loss, and pain and suffering that you have endured because of the accident. Your San Marcos truck accident lawyer will use gathered evidence to calculate your losses and negotiate a settlement. If the parties cannot reach an agreement, the case can go to trial.
After seeking safety, accident victims should do their best to collect evidence at the scene, especially in cases involving unsecured loads. Once first responders remove the accident debris, evidence can be difficult to obtain. The trucking company will not likely be forthcoming with facts that will help your case. You can greatly assist your attorney by taking some photos or obtaining witness contact information.
Comprehensive Compensation to Cover ALL Your Losses | Call Carabin Shaw Today to Book Your FREE CONSULTATION!Seeking legal assistance from an 18 wheeler accident attorney after an accident involving an overloaded truck or one with an improperly secured load is advantageous. It gives you the resources necessary to maximize your compensation and hold the correct parties liable. This may be the driver, the trucking company, or a third party.
At Carabin Shaw, we want to make your truck accident lawsuit as stress-free as possible, so you can manage your medical care and other responsibilities while you recover. That’s why we offer our services on a contingency-fee-basis, so you don’t have to pay us unless we win your case. Call today to get advice from legal professionals who can help you make informed legal decisions and get the compensation you deserve.
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