San Antonio Truck Accident Attorney

Michael Grossman Explains What You Should Do in the Aftermath of a Truck Accident

If you or someone in your family has been hurt or killed in an 18 wheeler accident, San Antonio truck accident attorney Michael Grossman of Grossman Law Offices can help you.

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With twenty years of experience investigating and litigating truck accident cases, I have seen one mistake over and over. From a legal standpoint, many people assume that truck accidents are just like car accidents. This could not be farther from the truth for a number of reasons. Furthermore, understanding the particular challenges that can arise while seeking compensation can help an injured victim or bereaved family member to know the proper steps to take in order to ensure that their best interests are taken into consideration by their lawyer.


I’ve Been in an 18-Wheeler Wreck. Now What?

The simplest answer to that question is to contact an experienced Texas truck accident attorney like the 18-wheeler accident attorneys at Grossman Law Offices. While the reasons for such quick action may not be directly clear to you in the aftermath of such an accident, by reading the rest of this article you will discover why enlisting the help of a knowledgeable San Antonio truck accident attorney is often the first beneficial step towards seeking compensation for your injury or loss. Grossman Law Offices offers free consultations at 1-855-393-0000 (Toll Free) for you to share the details of your 18-wheeler accident and to ask any questions about your legal options.

Often, the single greatest detriment towards building a strong case against a negligent party is time itself. By choosing to wait for too long before enlisting the help of a knowledgeable San Antonio truck accident attorney, evidence can become lost over time or even be manipulated by those looking to skirt liability for the accident. Witnesses can become more difficult to track down over time or they may forget key details of the accident. We have worked many cases where, had a client contacted us even a few hours later, their case would have resulted in less compensation or even dismissal. By contacting an attorney quickly in the aftermath of experiencing an 18-wheeler accident, you can be working in your own best interests to ensure that the strongest case can be made against a negligent party. Furthermore, that could also mean that compensation would arrive more quickly so that you can get back to living your life.


Who’s At Fault: The Truck Driver, The Truck Driver’s Company, or the Truck Driver’s Insurance Company?

Assessing liability at the scene of an accident may appear to be fairly simple in some accident cases. If a semi-truck driver was drunk and caused an accident resulting in injury or loss of life, for example, then the first liable party would most likely be the truck driver. However, Texas law holds the notion of “respondeat superior,” which means that an employer is responsible for their employees’ negligent actions. As a result, the truck driver’s employer would be another liable party and said to have held vicarious liability for the accident. Furthermore, since trucking companies are required to carry some form of insurance coverage for their trucks and drivers, the trucking company’s insurance company will also be involved in the personal injury or wrongful death lawsuit. It is often due to the involvement of such insurance companies that trucking accidents become far different from accidents involving only passenger vehicles, and this difference will be further elaborated upon shortly.

There can also be other liable parties that may have played a role in leading up to the accident. For example, if a semi-truck driver was drunk, Texas dram shop law allows for the bar or restaurant that over-served a patron or knowingly allowed a patron to leave their premises while drunk and behind the wheel of a car to be held liable for that driver’s negligence resulting in injury or loss. In other instances, a third-party cargo-loading company can be held at fault if their negligence in their respective duties somehow contributed to an accident. Defective parts and faulty safety equipment that leads to a wreck could also mean that the manufacturer of those parts could be held liable.

Essentially, 18-wheeler accidents often involve much more than just one liable party, as opposed to passenger-vehicle only wrecks are typically as a result of only one party’s negligence. As a result, having a capable San Antonio truck accident attorney that can tailor specific cases against each different liable party is an important aspect towards seeking compensation for your injury or loss. Without holding each liable party accountable for their negligent behavior, a plaintiff could stand to lose fair compensation.

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Why are 18-Wheeler Accident Cases Challenging?

Trucking companies and their drivers are protected by commercial insurance policies that are worth roughly 50 times more than a standard passenger vehicle policy. This essentially means that these companies have a lot of money on the line and they will do everything they can to defend it. In practice, this means that trucking companies will send a team of insurance adjusters, defense attorneys, and accident recreation experts to the scene of the accident. This team has a single purpose: to build a case against you or any other victims in the accident so that their client is left with little to no liability for the accident, thus saving their client a likely large sum. These individuals will use any piece of evidence they can to get the trucking company off the hook, even if you are the one who has to pay for it. In many cases, they will act rather aggressively in order to pursue their own best interests, which often equates to making sure that their company’s bottom line isn’t hurt as a result of having to pay out compensation to an injured or bereaved victim. Additionally, this expert team can often successfully escape blame through legal overlaps that exist between state and federal laws created by the Federal Motor Carriers Safety Administration which regulates commercial trucks. Don't let this happen to you or your family and consider contacting Texas truck accident attorney Michael Grossman today.


Further Possible Challenges in 18-Wheeler Accident Cases

Two other challenges can often appear in an 18-wheeler accident case that both involve unethical behavior. In some instances, especially if severe damage or loss of life has occurred, a semi-truck driver will purposefully lie about their involvement in an accident in an attempt to save their jobs or save their company’s reputation. When this happens, it can sometimes prove difficult for an inexperienced attorney to ascertain the truth of the accident. However, San Antonio truck accident attorney Michael Grossman has 20 years of experience in litigating 18-wheeler accidents, and, as a result, is all too familiar with the ways in which some truck drivers will try to lie about their involvement in a wreck. As such, he and his team at Grossman Law Offices are often able to get to the truth of an accident scene, either through a thorough investigation, or through a careful deposition process.

Additionally, a truck driving company may be self-insured. Some trucking companies opt for this type of coverage by setting aside a portion of their income in order to cover themselves in the event of a claim. However, since they’re not required to follow the same rules and guidelines that traditional insurers are, some self-insured companies attempt to get away with unethical behavior like witness badgering or evidence tampering in an effort to dodge liability when a claim is brought against them. Our law offices are often contacted after a victim has already been taken advantage of by a self-insured trucking company. By contacting Texas truck accident attorney Michael Grossman before having to deal with such a company, a victim can often save themselves from many hours of frustrating and fruitless work. We will come alongside you and compel the negligent party to being acting rightfully so that you have a fair opportunity to seek your due compensation.


If I Know the Law, Can I Represent Myself?

You can, but the outcome would likely be less than beneficial for you. Seldom, if ever, has a non-attorney won a personal injury case against the rather stout defenses of an 18-wheeler company and their insurer. There are simply too many technical aspects to the case, too many possible defendants, and too many ways in which a case can be dismissed if proper procedure isn’t followed that a non-attorney, even if they have an immense knowledge of the laws surrounding their case, has very little chance to see a personal injury or wrongful death lawsuit against a trucking company result in a successful completion. Additionally, since the compensation due to an injured victim or a bereaved family member in the aftermath of an 18-wheeler accident is likely to be quite large, the risk of self-representation is often too costly to make. By enlisting the help of a capable San Antonio truck accident attorney like Michael Grossman, you can ensure that you will have a knowledgeable and experienced legal professional working on your behalf with your best interests in mind.


The San Antonio Truck Accident Attorneys at Grossman Law Offices Can Help You

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The Texas truck accident attorneys of Grossman Law Offices have successfully litigated and mediated hundreds of 18 wheeler accident cases. We have faced every major trucking company and insurance carrier in the nation. As a result, these organizations know who we are and will often do anything they can to avoid facing our attorneys in court. We will fight aggressively to ensure that you and your family receive the compensation you need and the justice you deserve. If you or someone you love has been in an 18 wheeler accident, contact a San Antonio truck accident attorney at Grossman Law Offices today by calling 1-855-393-0000 (Toll Free).


Some of Our Most Recent Successful Cases
$300,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, suit was filed and the case was ultimately successfully resolved through litigation.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$1,500.00
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$875,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.
Total Recovery:
$875,000.00
Attorney Fees:
$288,750.00
Litigation Expenses:
$2,500.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.

Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$210,000.00 Recovery - Automobile Accident (Neck Injury Requiring Surgery)
Our client was injured in a motor vehicle accident when an employer driving a company vehicle failed to yield the right of way and collided with the plaintiff's vehicle. The defendant's employer was sued for negligence soon thereafter. The defendants alleged that the company should not be held liable for the actions of the employee.

They claimed that the employee was not in the course and scope of his employment at the time of the accident. Through discovery, our attorneys learned that the defendants had a policy, both written and implied, whereby employees of the company were allowed to drive work vehicles after hours.

Furthermore, our attorneys argued case law that expanded the definition of course and scope which showed that the defendant was indeed "on the clock" when the accident occurred.

As a result, the defendants conceded liability and turned their defenses toward the alleged damages. They claimed that our client had a preexisting condition that was responsible for her current state.

We deposed the emergency room physician who assessed the client and recommended surgery regarding the medical necessity of the surgical procedure and the proximate cause of the plaintiff's condition. He testimony unequivocally defeated these arguments. The case was satisfactorily resolved through litigation.
Total Recovery:
$210,000.00
Attorney Fees:
$70,110.00
Litigation Expenses:
$3,787.00
$187,500.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Our firm was hired by a young woman who was rear-ended by an 18-wheeler when she slowed for traffic in a construction zone. Initially, she attempted to represent herself and the insurance carrier offered roughly $1,000 to settle her case. She then contacted our firm and we filed suit soon after our initial investigation. The case was successfully resolved in litigation.
Total Recovery:
$187,500.00
Attorney Fees:
$61,875.00
Litigation Expenses:
$2,500.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
Attorney Fees:
$13,333.00
Litigation Expenses:
$50.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$150,000.00 Recovery - Automobile Accident (Nerve Damage)
Recovery for client who suffered nerve damage and required steroid injections as a result of a car accident.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$4,800.00

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