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How to File a Truck Accident Lawsuit
If you’ve been in a car crash or truck accident in San Antonio, you might be eligible for a claim or lawsuit against a trucking company or negligent driver. The key is to prove that the at-fault party broke traffic laws or failed to drive at a reasonable speed, which ultimately caused the accident. The best way to prove this is to seek the advice of an experienced San Antonio truck accident lawyer.
Getting a free consultation with a san antonio truck accident lawyer
The first step in a San Antonio truck accident lawsuit is to identify the liable party, or party most responsible for the crash. The liable party can be different for every case, but the rule of vicarious liability will probably apply in your case. This rule holds employers responsible for their employees’ actions, even though truck drivers are technically independent contractors. The liable party must take reasonable steps to mitigate the impact of the accident, and if the driver or company was negligent, a trucker may be held responsible for the crash.
The legal system is complex, and the laws governing truck accidents are different between states. You may have to deal with an international company that doesn’t speak Spanish. And you will be faced with an army of lawyers representing insurance providers and trucking companies. It’s important to hire a skilled San Antonio truck accident lawyer who will level the playing field between you and the insurance company. Here are some reasons why it’s crucial to get a free consultation with a San Antonio truck accident lawyer.
Identifying the at-fault party in a case
Assuming that both parties involved in a truck accident were driving in the same direction, identifying the at-fault party can be tricky. While most states follow a system of “contributory negligence,” others use a different concept. In Washington, for example, the driver who does not use their lights is generally considered at fault. However, in some cases, the driver who was using their lights failed to yield the right-of-way.
To make sure that you receive the compensation you are due, you need to identify the at-fault party. Identifying the at-fault party in a truck accident case may involve locating all potential parties who contributed to the collision. In some cases, one of the at-fault parties may be the truck driver himself, who may have been self-employed or operating under his own personal insurance policy.
Estimating the maximum compensation you can fight for
When it comes to pursuing a claim, a seasoned San Antonio truck accident lawyer will investigate the full details of the collision and gather vital evidence to prove fault. This evidence includes road markings, witness statements, and an incident crash report. Additionally, Texas law recognizes that an injured party may be partially to blame for the collision, as well as aggravating the injuries. However, if the other driver is primarily responsible, you may still be able to collect damages.
Injuries resulting from an 18-wheeler crash can be life-altering. These commercial vehicles weigh several tons more than passenger cars and are unable to turn as easily as other vehicles. As a result, truck drivers are at a disadvantage when it comes to preventing an accident. Fortunately, an experienced San Antonio truck accident lawyer can protect your rights and fight for maximum compensation.
