San Antonio experiences a large number of accidents each year resulting in property destruction and bodily injuries due to 18 wheelers. These types of incidents may call for the services of a qualified San Antonio accident attorney. In this article, we’ll take a look at the most fundamental information needed when hiring an 18 wheeler accident lawyer in San Antonio and how crucial their presence is in the quest for justice and reparation of the victims.
Contents
Understanding 18 Wheeler Accidents
Causes Behind to 18 Wheeler Accidents
There are numerous causes of accidents involving 18 wheelers, such as driver fatigue, distracted driving, speed, failure to properly maintain the vehicle, and weather. Commercial vehicles are mainly bulky and heavy, which increases the chances of an accident occurring, especially where there is carelessness or disregard.
Common Injuries in 18 Wheeler Accidents
The impact coupled with the weight-laden truck causes serious injuries that are debilitating and life-changing. Among the common injuries incurred include spinal cord injuries, traumatic brain injuries, fractures, internal injuries, and whiplash. Individuals who experience such accidents usually spend a great deal of time undergoing treatment and suffer extensively, ranging from physical and mental strain to financial difficulties.
The Role of an 18 Wheeler Accident Lawyer
A lawyer for accidents involving 18 wheeler vehicles is of great importance to accident victims during the entire legal process. With that said, let’s look at some of the key roles they play and the advantages they afford:
Legal Expertise and Knowledge
A qualified 18 wheeler accident attorney has a comprehensive understanding of the relevant state and federal laws concerning accidents involving commercial trucks. They know how complicated these cases can get and shall be able to give the necessary help based on their knowledge.
Investigating the Accident
The lawyer needs to investigate the accident completely so as to understand the parties liable. The lawyer will look through evidence, talk to those present, go through police reports, and gather other materials to build a case for the injured.
Gathering Evidence and Building a Strong Case
The attorney for the victim of a truck accident would, for example, consider gathering critical elements of proof like accident reconstruction analysis, the driver’s work history, maintenance history, and any simple videos if in possession. Such evidence will seek to establish liability against the relevant parties based on some level of negligence or fault.
Negotiating with Insurance Companies
Insurance firms, in most cases, try to resolve their claims faster and for much less than what the claimants actually deserve. A truck accident attorney will handle negotiations with the insurance companies efficiently for the benefit of the client. Such attorneys will advocate for the rights of the injured parties and pursue any reasonable amount of compensation possible.
Representing Clients in Court
If a reasonable agreement cannot be achieved by negotiating, an 18 wheeler accident lawyer will not hesitate to litigate the case in court. They will employ their litigation talents and argue the case before a judge and jury in favor of the victim, demanding the justice they deserve.
Finding the Right 18 Wheeler Accident Lawyer in San Antonio
In the process of looking for an 18 wheeler accident lawyer in San Antonio, the following aspects need to be considered so that a right choice may be made:
Research and Recommendations
Do extensive research on the Internet, read the reviews of clients, and ask your friends, relatives, or some other partisan individuals. Look specifically for those lawyers who have experience and success in dealing with cases involving 18 wheeler accidents.
Experience and Track Record
Pick a legal practitioner that has a streamlined focus on personal injury law as well as a good number of years dealing with 18 wheeler accident cases. The proven settlements and verdicts achieved by the lawyers are also a good measure of their competency.
Communication and Availability
The legal process requires clear and efficient communication. Therefore, in pursuing a legal matter, it is important to select a lawyer who listens, updates you on the occurrences of your case, and attends to your queries.
Fee Structure and Payment Plans
Let’s talk about how to fix the lawyer’s fee structure in the first consultation. Dealing with lawyers on contingency means that they will only be paid in instances where they win the case and, in turn, earn compensation on your behalf. This method is useful in case you are worried about finding legal help without paying anything in advance.
The Legal Process for 18 Wheeler Accident Cases
Having an awareness of the legal procedure applicable in the case of accidents involving 18 wheeler vehicles is fundamental, as it will cut through the confusion involved in this process. Here’s a summary:
Filing a Lawsuit and Statute of Limitations
Your attorney would proceed with filing a suit for you within the time limits referred to as a statute of limitations. In most cases in San Antonio, personal injury cases have a statute limitation period of two years from the occurrence of the incident.
Discovery and Pre-Trial Proceedings
In the course of litigation, there is a phase known as discovery, where the parties to the suit are obliged to tender evidence and information on various aspects of the case at hand. This is a process that will be taken care of by your lawyer, who will also seek out more evidence that supports your case. The pre-trial phase may comprise discussions on settlement and efforts to make it through mediation or arbitration.
Settlement Negotiations or Trial
In the event that an amicable resolution cannot be achievable, your attorney will begin trial preparations. They will advocate for you in a court of law, making use of their knowledge of the law, in order to protect the rights given to you. The findings of the case and whether there has to be compensation given for its findings also remain the jurisdiction of a judge or a jury.
Seeking Compensation in 18 Wheeler Accident Cases
It is possible for someone who has been in an accident involving an 18 wheeler to receive different forms of reparation as a victim:
Economic Damages
Economic damages involve things like medical costs, damages to properties, lost income, and future medical care. Your attorney will quantify these losses using evidence and expert opinion so that you are able to recover the full amount of damages you are entitled to.
Non-Economic Damages
Non-economic damages encompass losses that cannot be measured in monetary terms, such as physical pain and mental agony, trauma, reduction in the quality of life, as well as loss of companionship. A lawyer will ensure that all the factors in the above effects that are physical and emotional to the client injury will be compensated fairly.
Punitive Damages
In situations where the actions of the liable party are considered especially negligent or willful, courts may impose punitive damages. The purpose of such damages is to penalize the offender and prevent a similar offense in the future.
Frequently Asked Questions (FAQs)
Q: What should I do immediately after an 18 wheeler accident?
- Make sure to seek medical help for yourself and for others first, before anything else.
- Next, alert the authorities and insist on an accident report being drawn
- Collect pertinent information from the driver involved in the incident, including but not limited to, the driver’s license, insurance, and the name of the company.
- Where possible, take photographs of the damage to the vehicles involved, the condition of the road, and any injuries sustained at the accident scene.
- Obtain the names and telephone numbers of any witnesses to the incident for your records.
Q: How long do I have to file a lawsuit after an 18 wheeler accident in San Antonio?
Ans: In San Antonio, the statute of limitations applicable to filing a personal injury lawsuit is usually two years from the date of the accident. To protect your legal interests and guarantee that a suit is filed in time, retain the services of an experienced 18 wheeler accident lawyer at the earliest.
Q: Can I handle my 18 wheeler accident claim without a lawyer?
Ans: You could choose to manage your claim on your own, but it’s advisable to seek the assistance of a competent lawyer in truck accidents. The cases of truck accidents are complicated and often have numerous stakeholders involved. Engaging the services of an attorney will further enhance your possibilities of getting the maximum amount of damages that you are entitled to.
Q: How is compensation calculated in 18 wheeler accident cases?
Ans: Damages are assessed on multiple bases, such as the degree of injury, medical expenses, earnings lost, damages to property, mental anguish, and any effects that will affect your standard of living in the long run. Your attorney will consider all these factors and strenuously seek the highest possible settlement or judgment.
Q: What if I can’t afford to hire an 18 wheeler accident lawyer?
Ans: A majority of attorneys who handle accidents involving 18 wheelers charge clients on a contingency basis. This implies that clients are not required to pay any retainer fees. The attorney is compensated only when the client’s case has been won and damages recovered. Such a structure guarantees access to legal assistance without any financial hurdles getting in the way.
