San Antonio Truck Accident Victim FAQ
Every year in San Antonio, hundreds of accidents occur involving large commercial vehicles or 18-wheelers. Due to the size and hazardous nature of the loads carried in these trucks, the wrecks can be catastrophic and often fatal. If you’ve been involved in one of these devastating incidents, navigating through the aftermath of pain and confusion can be strenuous and confusing.
Here at the law offices of Carabin & Shaw, we’ve put together a helpful list of San Antonio truck accident victim FAQs to help you better understand the ins and outs prior to contacting an experienced San Antonio truck accident victim lawyer.San Antonio Truck Accident victim FAQs
1. I’ve been involved in an accident with a truck. What steps should I be taking?
- Safety first - Check and make sure that you and your passengers are okay. Contact emergency responders if needed.
- Contact Authorities - Immediately call the police. The records and documentation that they provide will be crucial in establishing who is at fault for the accident.
- Document the scene and collect names - Be sure to get the information of the truck driver and their employer. Also take down license, registration, and insurance information. Speak with folks who witnessed the accident, and collect names and addresses. Take pictures and/or video with your cell phone.
- Wait to apologize - Accidents are hectic, disorienting, and traumatic. In a heightened emotional state, the urge to comfort others and apologize is human nature. While being empathetic is important, be sure to wait for all the facts to emerge from a proper investigation before taking any sort of ownership of an accident.
- Seek medical attention - Remember, some injuries can take days or even weeks before they become noticeable. If you feel you have incurred any injuries at all, do not hesitate to get checked out by a doctor. San Antonio has an abundance of excellent medical treatment centers all over the city.
- Contact an attorney - Quickly contact one of our San Antonio 18-wheeler accident lawyers. It is common for representatives of trucking companies such as their lawyers and insurance agents to arrive promptly at the scene to begin an investigation in their favor, possibly even tampering with evidence. Having someone to represent your interests and begin an investigation on your behalf can have a vast impact on the success of your case.
2. Am I entitled to a settlement or compensation if I’ve been injured?
While accidents involving 18-wheelers are not uncommon in San Antonio, the details of every case are unique. Depending on who was at fault, you may be able to receive compensation not only for your injury, but also for property damage and losses.
3. I was not at fault in the accident. Who is held responsible, the truck driver or his/her employer?
Responsibility can vary depending on a number of factors but most notably, the relationship between the driver and the employer. Is the driver and employee or independent contractor? If the driver was an employee, did the accident occur within the ‘scope of employment’? These and many other factors must be weighed in determining if you have a case against the company as well as the driver.
4. Am I able to file a suit for my suffering or injuries against the company who employs the driver responsible?
If the company who employs the driver is found responsible for the accident, you may be able to file suit against them for suffering from injuries, medical bills, and time missed from work.
5. The insurance company has made me a settlement offer. What Should I do?
Never speak with the insurance company representing the other party. Politely refuse, and direct any conversation to an attorney who is working for you. Never discuss a settlement without your lawyer present.
6. Is it okay for me to give a written or signed statement to the truck driver’s insurance company?
No. Do not sign anything. It is entirely possible to sign away your rights to future claims. Always consult with your representation before signing any sort of written agreement.
7. What is wrong with just accepting a settlement offered by the insurance company?
Insurance companies will always try to offer the lowest possible amount to keep their costs low. No matter how concerned or empathetic they seem, your interests are not their top priority.
8. I was involved in an accident with a truck and believe I may have been partly responsible. Do I still have cause to sue, and if so, can I win?
Every case is different. Contact an experienced San Antonio truck accident victim lawyer from our office to help determine your circumstance before taking ownership of any part in the accident. If an investigation has determined that you are partly at fault, we will help determine the options and steps for the best possible outcome.
9. What about big rigs transporting hazardous chemicals or material?
In many cases, the company shipping hazardous materials or chemicals can be held responsible for injuries accrued due to exposure to said materiel if it can be demonstrated that there was negligence or failure to inform the driver or their company of the hazardous nature of the shipment.
10. Is there a time limit for me to file a claim for my case?
In the state of Texas, the statute of limitations for making a personal injury claim is two years.
We hope that our San Antonio truck accident victim FAQ list has been helpful. If you have found yourself the victim of an auto accident involving a commercial vehicle or 18-wheeler, please do not hesitate to contact us here at the law offices of Carabin & Shaw in San Antonio. We pride ourselves in diligence and expertise, and will work hard to ensure that you receive proper representation and assistance throughout your case.
Reach out today and have one of our expert attorneys help you. Call our San Antonio office at 210.222.2288 or toll-free at 1.800.862.1260.