Sharing the road with heavy-duty trucks can be intimidating. Their enormous size, the roar of their diesel engines, the giant wheels—it can be downright frightening.
Enduring a collision with an enormous truck is more than scary; it is devastating for the driver and occupants of a passenger car.
According to the Insurance Institute for Highway Safety (IIHS), large trucks usually weigh 20 to 30 times more than passenger vehicles, are taller than cars, and have greater ground clearance than their smaller road partners.
In a recent year, 4,014 people died in crashes involving large trucks:
- 15 percent of these deaths were truck occupants
- 68 percent were passenger vehicle occupants
- 16 percent were pedestrians, bicyclists, or motorcyclists.
The sheer magnitude of an accident with a truck is difficult to wrap your brain around. Tractor-trailer crashes are more complex because of the different dynamics involved.
If you have been in a major collision with a commercial truck, you might think you can handle it independently since you may have been in car accidents before.
You might think you can work out the issues with the truck driver, but the process may become problematic when navigating a commercial truck accident.
Injuries can be severe, and numerous people and companies will be involved in the settlement process. Learn from our experienced San Antonio truck accident lawyers the legal complications people encounter in the claim process.
Why are truck accidents so serious?
Examples of severe injuries from truck accidents
Truck accidents can be dangerous and deadly and often result in catastrophic injuries. The more severe your injuries are, the more complex your claim can be. The more serious the injury, the more it will cost to be whole.
What injuries can you get from being hit by a truck? Victims need to seek higher compensation. The higher a claim’s value, the more likely the insurance company will fight back.
The following are some injuries that truck accidents cause.
Broken and Fractured Bones
Truck accidents can be severe, and the sheer force from such a large vehicle results in easily broken and fractured bones.
The clavicle, pelvis, facial bones, skull, sternum, back, and neck are joint bones impacted by truck accidents.
Brain Injuries
A powerful truck accident can result in head trauma, concussions, and severe brain damage.
Brain injuries may not show up immediately. Some symptoms include headache, confusion, blurry vision, and cognitive difficulties.
Traumatic brain injuries (TBI) can be wide-ranging, but all can have debilitating and lasting effects.
Spinal Cord Injuries and Paralysis
Spinal cord injuries may lead to paralysis. Spinal cord injuries may not show up immediately, so seeking medical care and getting an assessment is essential.
Spinal cord injuries usually involve long-term recovery and healing, and many victims have permanent impairments.
Back and Neck Injuries
The jolt and force of a truck accident may cause neck injuries like whiplash. Neck injuries may cause pain and prevent the victim from returning to regular activities.
Disc injuries in the back may be minor or severe but may prevent a return to regular activity.
Burn Injuries
The enormous size of a truck makes it more likely that a crash can burst fuel tanks, resulting in fires and causing injuries to the victims, pedestrians, and motorists in nearby vehicles.
Additionally, trucks often carry flammable or hazardous materials. Gasoline and chemicals can cause fires or explosions after a crash, which causes burns of varying degrees.
Amputation/Disfigurement
The force of the impact or a severe burn injury may cause immediate amputation or disfigurement.
Internal Injuries
Trauma to internal organs is common after truck accidents and may cause internal bleeding or damage to the liver, bladder, pancreas, kidney, and spleen.
These injuries may be challenging to diagnose and treat.
Lacerations
Truck accidents may cause cuts and bruises due to flying debris and glass. These deep cuts may be painful and leave large scars.
Death
Sadly, many motorists die from severe truck accidents and injuries sustained by the impact.
When this happens, surviving family members can file a claim for wrongful death.
How to Resolve the Complications of a Truck Accident
Surviving A Truck Crash: What To Do Afterward
Resolving the health complications that arise from a truck accident can be a challenging and complex process.
However, with the right approach and guidance, you can navigate the legal and insurance complexities to seek the compensation you deserve.
Here are some crucial steps to help you resolve the complications of a truck accident:
1. Seek Immediate Medical Attention
Your priority after a truck accident should be your health and well-being. Seek immediate medical attention, even if you believe your injuries are minor or don't immediately appear.
Some injuries, such as internal damage or brain injuries, may not be immediately apparent but can have serious long-term consequences.
By seeking medical care promptly, you prioritize your health and create a documented record of your injuries, which can be vital for your personal injury claim.
2. Gather Evidence and Documentation
To strengthen your case, gather as much evidence and documentation as possible. Take photos of the accident scene, including vehicle damage, skid marks, road conditions, and any relevant signage.
Obtain a copy of the police report and collect contact information from witnesses. Keep records of all medical treatments, prescriptions, and bills related to your injuries.
This documentation will support your claim and help demonstrate the extent of your damages.
3. Consult with a San Antonio Truck Accident Lawyer
Given the complexities involved in truck accident cases, consulting with an experienced truck accident attorney in San Antonio is highly advisable.
A skilled attorney will have in-depth knowledge of the laws and regulations governing truck accidents and can guide you through the legal process.
They will assess the merits of your case, gather additional evidence if necessary, and develop a solid strategy to pursue your claim.
4. Determine Liability
Identifying the liable parties is crucial for a successful resolution. Your attorney will conduct a thorough investigation to determine liability and hold the responsible parties accountable.
This may involve examining the actions of the truck driver, the trucking company, cargo loaders, maintenance companies, and even the truck manufacturer.
You can maximize your chances of obtaining fair compensation by identifying all potentially liable parties.
5. Deal with Insurance Companies
Dealing with insurance companies can be challenging, especially when multiple parties and insurers are involved.
Insurance companies are known for employing tactics to minimize their payouts, so it's essential to approach them cautiously.
Your truck accident lawyer will handle all communications with the insurance companies on your behalf, ensuring that your rights are protected.
They will negotiate with the insurers to seek a fair settlement that covers your medical expenses, property damage, lost wages, and pain and suffering.
6. Pursue Legal Action if Necessary
If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court.
Filing a lawsuit may be necessary to pursue the compensation you deserve. Your lawyer will represent your interests, present a compelling case, and fight for your rights in the courtroom.
7. Focus on Recovery
Throughout the entire process, it's important to prioritize your recovery and well-being. Truck accidents can have severe physical, emotional, and financial consequences.
Your attorney will handle the legal aspects, allowing you to focus on healing and rebuilding your life.
Follow your medical treatment plan, attend therapy sessions, and take the time you need to recover fully.
By following these steps and having a dedicated truck accident lawyer by your side, you can navigate the complexities of a truck accident and work towards resolving the complications effectively.
Remember, every truck accident case is unique, and it's crucial to consult with an attorney who can provide personalized guidance based on your specific circumstances.
Why is it difficult to identify the cause of a truck accident?
It can be challenging to identify the cause of the truck accident. Truck accidents can happen for many reasons, so pinpointing the cause of your crash can be a challenge.
A Large Truck Crash Causation Study by the Federal Motor Carrier Safety Administration (FMCSA) found that the top factors for truck crashes included:
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliar with roadway
- Over-the-counter drug use
- Inadequate surveillance
- Fatigue
- Work-related pressure
- Illegal maneuver
- Inattention
- External distraction factors
- Inadequate evasive action
- Aggressive driving behavior
- Unfamiliar with vehicle
- Following too closely
- False assumption of other motorists’ actions
- Brake Failure
- Traffic flow interruption
- Roadway related factors
- Driver required to stop before the crash
- Weather-related factors
- Cargo shift
- Driver pressured to operate while fatigued
- Cargo securement
- Illness
- Illegal drug use
- Drunk driving
Medical injuries and complications
It is advisable to seek medical care immediately after an accident. Always document your injuries, including cuts, bruises, or bumps.
If possible, take pictures of injuries. If you or the passengers of your vehicle experience pain, headaches, confusion, numbness, stiffness, loss of movement, dizziness, bleeding, swelling, light sensitivity, or other strange sensations, it is imperative to see a physician as soon as possible.
If you skip medical care at the scene of an accident but notice that symptoms outlined above show up days or weeks after, see your physician at that time, and be sure to inform them of the motor vehicle accident you experienced.
Injuries may often appear days or weeks after the initial incident.
Depending on the physician’s examination results, your doctor may order additional testing or X-rays, prescribe pain medications, suggest physical therapy, or send you to another specialist.
Some injuries require immediate interventions, which might include surgery or surgical procedures. Surgery may also be necessary when a condition doesn’t improve with other treatments.
Medical and surgical costs can be expensive and will add up quickly. Recovery and healing from surgery take time and may result in loss of wages and time off from work.
Keep copies of all records, reports, receipts, and bills for medical costs incurred due to the truck accident. Also, keep track of all wages lost as well.
You will need these records for your personal injury claim. Complications arising from injuries, recovery time, and lost wages may be overwhelming.
A truck accident injury attorney can oversee and keep track of these added complications for you.
Proving Liability is Confusing
Determining who is at fault for a truck accident can be highly complex.
Hiring an experienced truck accident lawyer to manage the intricacies of a truck accident investigation and liability determination is always in your best interests.
Many different parties may share blame in a truck accident. Often, crash victims don’t know all the potential defendants, and finalizing liability can take a lot of time and resources.
A qualified semi-truck accident lawyer can help to quickly clarify who is liable and initiate settlement negotiations to compensate the injured party.
Multiple parties can be liable for a truck accident, including the truck driver, so you must speak with a truck accident lawyer.
Some parties that might face a truck accident claim include:
- The trucking company may be liable for the driver’s conduct, even if not negligent.
- The truck company is liable if a truck is not maintained and does not meet the United States Labor Department’s Occupational Safety and Health Administration (OSHA) standards.
- The cargo company might be responsible if the cargo causes problems in transport.
- Cargo loaders might be accountable if the cargo disengages and causes accidents during transport.
- Truck maintenance companies, driver recruiters, medical facilities performing drug tests, and other companies and contractors involved in truck maintenance, employee recruiting, and training
- A truck manufacturer might be liable if the incident was due to a mechanical failure or defect.
In addition to all these parties, insurance companies play a big part in truck accident settlements, including determining liability and settling for compensation.
This can get extremely complicated when multiple parties and their insurers are involved.
Hiring an experienced truck accident lawyer will be in your best interest. Locating and identifying all the potentially liable defendants is daunting yet necessary.
An attorney experienced in Texas truck accidents has the resources to investigate and see your case.
An attorney will assist you in seeking compensation for your loss and suffering from all possible sources.
Insurance companies and truck accidents
Depending on the cause of the accident, you may seek compensation from the truck driver’s insurance company, the trucking company’s insurance company, or the truck manufacturer’s insurance company.
Often, the cab, trailer, and cargo have different insurance companies.
Large trucks are a significant liability threat to insurance companies, costing millions of dollars in damages.
Insurance companies are involved in truck accidents, and many attorneys, adjusters, and investigators often launch their investigations within hours of an accident to protect their interests.
Insurance companies involved in truck accidents have been known to do whatever is possible to avoid paying out costly settlements.
Insurance companies may contact you and act as if they will help you. They may try to delay the process and manipulate you into agreeing to an unfair settlement.
Insurance companies assume the regular consumer does not know better and will take whatever is offered.
Having an experienced lawyer will ensure you are not tricked or manipulated by the tactics of big insurance companies.
Never speak with another insurance company about the truck accident without your lawyer.
Do I need legal representation for a truck accident in Texas?
The short answer is yes. It's important to have legal representation before beginning the claim process following a truck crash.
After you have experienced a harrowing truck accident, you will have plenty to deal with, and you will need time to recuperate.
Hiring an attorney to oversee your claim means you will not have to speak to and deal with the insurance companies, trucking companies, and other people involved in settling your truck accident.
This can both improve your claim and give you peace of mind.
Your lawyer will gather copies of the accident report and the personal information of all witnesses and parties involved in the accident.
Your lawyer will also obtain contact and insurance information from the truck driver and the employing trucking company involved in the crash.
Save all medical reports, bills, and receipts, as well as information regarding any loss of income due to mental and physical issues suffered by the truck accident.
The complicated investigating, negotiating, and back-and-forth involved in a truck accident liability case process are not meant to be handled independently.
In Texas, fault may be assigned to more than one party, depending on the specifics of a traffic incident. Even if you are partially to blame for the crash with the truck, you may still seek compensation to cover the damages you have experienced. An attorney can negotiate this on your behalf.
Hiring a lawyer to represent you must ensure you are compensated for any loss, pain, or suffering you have endured because of the truck accident.
A lawyer experienced in truck crashes knows what to expect from big insurance companies and big truck companies.
They will know how to prepare if the insurance company tries to shift the blame to you. They will also know how to thwart the deceptive actions of the company’s lawyers, adjusters, and agents to ensure your best interests are defended.
An attorney will review your claim, determine the best legal strategy for your situation, ensure the most favorable outcome possible, and ensure you receive compensation for your loss.
Speak to a San Antonio Truck Accident Attorney Today
Were you injured in a truck accident? Whether the injuries were minor or severe, you need experienced legal representation.
Call a truck accident personal injury attorney in San Antonio to schedule a consultation about your case. Call 210-794-9413 today to schedule your free consultation.