Elements That Must be Proved
Most people believe the world is a matter of right and wrong, good and bad. Such belief allows people to maintain a sense of purpose and orientation amidst what might otherwise seem random happenstance and chaos. At Carabin & Shaw, our attorneys are here to help you navigate between these polarities when the unexpected interrupts your usual routine. Whether your family has lived in San Antonio for generations or you are just passing through, our lawyers are prepared to review your circumstances and help determine what resources are available to prove your innocence and rightful claim for compensation.Elements That Must Be Proved
In the wake of semi-truck or 18 wheeler accidents, there are three main elements that must be proved to solidify your case and ensure success before the law:
- Reasonable Care - The first thing our lawyers must prove is the existence of what is legally referred to as reasonable care. This phrase is actually a shortened version of a reasonable expectation of care. It means that, separate from the standards and expectations set by San Antonio licensing agencies and driver’s tests, you and every other driver on the road expects to travel under the safest possible conditions, including those influenced by other vehicles. For example, it is reasonable for you to assume that the 18-wheeler in the lane to your right is being properly maintained, and that no accident will suddenly occur due to an unexpected tire malfunction. Reasonable care covers every situation where a reasonable expectation regarding vehicular or driving conditions has not been met.
- Failure to Exercise Reasonable Care - If you are driving on a busy highway, and the cargo on the flatbed semi truck two car lengths ahead of you unexpectedly becomes unsecure and falls to the pavement, our attorneys can show that a failure to exercise reasonable care has occurred. Because the accident was unexpected, irregular, and typically preventable, a San Antonio court will, after seeing the evidence, declare failure to exercise reasonable care.
- Failure to Exercise Reasonable Care Led to an Accident - However, it is not always enough to show that such failure was present. Our lawyers must clearly demonstrate that the failure led, directly or indirectly, to your accident. A direct case would involve the scattered chunks of a blown tire lodging under your tire hood, making it impossible for you to avoid crashing into the guardrail. An indirect case would involve the car just described crashing into your vehicle as a result of the initial tire blowout.
If all of these elements that must be proved are present, our San Antonio semi truck accident lawyers can ensure a speedy resolution to your case and a larger amount of compensation than that typically provided by the insurance companies involved. These three factors combine to make an ironclad argument for reimbursement that the court has years of legal precedent to refer to when deciding award amounts.
What this means for you is that your circumstances will be reviewed as part of a larger epidemic or trend of accident types, and previous cases that successfully awarded large amounts of damages to victims will be held up as a standard when your compensation is being determined.
The attorneys at Carabin & Shaw have decades of experience handling these types of cases. Because we are so confident in our ability to spot these essential elements, we offer free consultations to all potential clients, allowing you to hear our strategy before you decide to let us represent you. Do not hesitate to get the legal help you need—call our offices in San Antonio today at 210-222-2288, or toll-free at 1-800-862-1260.