Texas Truck Accident Attorney

TX Truck Accident Attorney Michael Grossman Explains the Legal Ramifications of Commercial Truck Wrecks

Drive around the roads and highways in and around San Antonio, and you’ll notice that 18-wheelers comprise a sizable percentage of the vehicles in the Alamo City. Sometimes it seems like everything’s big rig in Texas.

Semi-trucks pass through San Antonio carrying goods to and from every corner of the United States and the world beyond. Truck drivers spend long hours on the road, and with that many trucks out there accidents, injuries and occasionally fatalities are bound to happen.

Texas truck accident attorney Michael Grossman and his associates at Grossman Law Offices are here to help you if you’ve been injured or a loved one has been killed in an accident with a commercial truck. After handling hundreds of truck accident cases, we know all about the pain and suffering that has been inflicted upon you. Sadly, we also know that your difficulties have only begun with the accident, and there were will be more challenges to overcome on the way to securing the compensation you deserve for your injuries. We want to take the time with this article to explain your legal options, so you can make the right decisions to secure the restitution to you are due.

Assigning Blame

The first thing you have to do after being injured in an accident with a commercial truck is figure out who caused the accident, so that you know whom to sue. This can be extremely challenging when it comes to tractor-trailer accidents because so many different parties might be liable for any given 18-wheeler accident. A vast array of parties play a role in truck transportation, so any of them or combination of them can be at fault in whole or in part for any given 18-wheeler accident.

The trucker can cause an accident by committing standard negligence like a momentary lapse of concentration or focus or gross negligence like drinking and driving. Moreover, a legal concept in Texas called respondeat superior states that employers are liable for the inaction or actions of their workers. Thus, if the trucker is liable for an accident, then so is the company that employed him or her.

However, numerous other parties may have neglected to perform a duty that resulted in your trucking accident. Often times, the company that sold or owned the cargo loaded it onto the truck. If improperly loaded, the cargo can shift during transit and topple the trailer. Improperly loaded cargo on a flatbed truck can fall off the truck and cause serious hazard to any vehicles following in the truck’s wake. Mistakes in loading cargo that cause accidents make the company that loaded the cargo liable for the accident. Sometimes, trucking companies will contract out the planning of a route to other companies. If the route planner sent a truck into an area that wasn’t zoned for trucking or under a bridge that was too short for the truck and accidents ensue, then the route planner can be held accountable for the wreck. If a defect in the design or assembly of the truck or any of its component parts leads to an accident, then the manufacturer might be responsible for the wreck. Of course, it’s always possible that the negligent driving of someone in another vehicle caused the 18-wheeler to collide with your car. In order just to figure out whom to sue (let alone actually win your case), you need a Texas truck accident attorney with extensive experience investigating accidents and assigning blame. With so many possibly liable parties, you need an attorney who is capable of sorting through the details and figuring out who actually caused the wreck. Moreover, you want to be sure all of the liable parties are identified, so you can hold all of the negligent parties accountable for the injuries they’ve inflicted upon you.

Why Can’t You Do This Yourself?

While anyone can go online and look up facts about the law, that’s only a fraction of the knowledge you need to succeed in court. A successful San Antonio Texas truck accident attorney must also understand the requirements of the legal process, the intricacies of investigation, the subtleties of negotiation, the best methods for devising trial strategy, and the art of swaying a jury in your favor. Inexperienced attorneys and non-lawyers stand little to no realistic chance of succeeding with a personal injury or wrongful death case involving an 18-wheeler accident. You wouldn’t try to replicate the skills of another skilled professional. You wouldn’t conduct oral surgery on your daughter or try to build a violin in your garage. That would be absurd – just like attempting to represent yourself after being injured or losing a loved one in a commercial trucking accident. To receive the compensation you deserve after being injured in a semi-truck wreck, you need the help of a Texas truck accident attorney in the same way you want Stradivarius when it comes time to build a better violin.

Insurance Companies Are Motivated by Making Money

While trucking companies are federally mandated to take out enormous insurance policies on their trucks, that’s not necessarily a good thing for you if you’ve suffered injuries or lost a loved one in a wreck with a tractor-trailer. Insurance companies are motivated by making money and not by helping people who are injured in accidents. With more money to lose in huge trucking insurance policies, the insurance companies will devote that much more time and assets into avoiding paying off on the policy. Furthermore, the insurance industry is ruled by paranoia and the saying “if you give an inch, they’ll take a mile.” Insurance adjusters believe that if they give in to your demands for compensation, then you’ll only want more and the next injured party even more. They’ll try to stop the snowball from rolling by denying your claim.

Did You Know?

Michael Grossman has been fighting for 18 wheeler accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-393-0000

While the laws in Texas give injured parties or the loved ones of those who have been wrongfully killed to seek compensation for the injury or loss, the Texas Civil Practices and Remedies Code doesn’t require defendants or their insurers to willingly cough up whatever you demand. The victim, also known as the plaintiff, must prove the defendant caused the injuries by neglecting a duty that caused the accident and the harm suffered by the plaintiff. Additionally, the plaintiff’s attorney must be prepared to prove the equitable value of the compensation requested for the injuries suffered. Invariably, the defense or its insurer will contest the amount of compensation suggested. In order to get what you deserve, you need a skilled and experienced Texas truck accident attorney looking out for your interests.

Insurance Companies Keep Specialists on the Payroll

Before accidents even happen, the insurance company is preparing for it. Insurance providers who offer commercial trucking insurance policies keep legal experts in 18-wheeler accidents on staff year-round, and as soon as wrecks occur, these defensive specialists are rushed to the scene to investigate. However, they’re not trying to find the truth about what happened in the accident but only any evidence that will divert liability off of the insured and onto someone else – often the victim. It’s not uncommon for the insurance company’s defense team to have wrapped up its investigation and completely devised a legal plan of defense before the plaintiff has managed to hire an attorney. You cannot delay too long in hiring a Texas truck accident attorney, or your hobbling your lawyer with a significant handicap.

Insurance Adjusters are Tricky

Just like the defense lawyers, insurance adjusters can be hazardous to a victim’s ability to recover the damages he or she deserves. While they might pretend to be your friend and assure you that they’re interested in helping you find restitution, the insurance adjusters have no legitimate concern with helping you. In fact, their interests are in direct conflict with yours. The insurance adjusters are out to save their company money anyway they can. Either they will deny your claim outright, reduce the amount of compensation owed to you, or fool you into accepting a settlement that is far less than you deserve and could obtain at trial.

Either the adjusters will put you on tape answering a confusing line of questions designed to get you to admit liability for your injuries or to downplay the severity of those injuries. If they can prove you were at least 51 percent liable for your own injuries, then they owe you nothing. However, if they can get you to admit partial liability or make your injuries seem lesser than they are, then they can reduce the amount of compensation owed. If that fails, insurance adjusters will resort to trying to get you to accept a woefully small settlement in return for signing away your right to sue in the future.

When defense lawyers and insurance adjusters come down from Chicago or New York and find you trying to represent yourself, they will dance for joy. Nothing makes them happier than facing off against a non-lawyer because they know they can take advantage of the inexperienced. In order to protect your rights and ability to recover the damages you deserve, you need an aggressive Texas truck accident attorney with a long history of success to earn the respect of the adjusters and lawyers. The only thing that inspires insurance companies to negotiate in good faith is the fear of an attorney they know can beat them in court.

Truckers Can’t be Trusted

If your car breaks down between San Antonio and El Paso in the middle of the night, then you can count on a trucker to get you to a safe place. However, if you’ve been in an 18-wheeler accident, you can’t count on the trucker to tell the truth. What do you think is going to happen to a truck driver who is found to have negligently caused an accident that cost his company’s insurance provider to payout an enormous settlement? That trucker is not only going to be fired but will struggle to find employment with another reputable trucking company with that sort of a black mark on his or her record. Facing the prospect of unemployment in this uncertain economy, many otherwise reliable people may resort to dishonesty in order to hold on to their ability to make a living.

For example, our firm was once hired by a man who had been falsely accused of causing an accident by without his headlights when a truck driver refused to admit his own liability. After searching the accident scene, our investigator detected a nearby store that had a video surveillance system that appeared to be angled at the accident scene. Our investigators obtained a copy of the video that clearly showed our client driving with his headlights shining brightly. This is not an uncommon occurrence in trucking accident litigation where people often manipulate the truth to their benefit. An experienced Texas truck accident attorney knows how to investigate to find the evidence you need, as well as, how to use a strong deposition plan to reveal the half-truths and misrepresentations of liars. Two decades of resolving truck accident litigation has taught our attorneys how to reveal the truth, so our clients can obtain the damages to which they’re entitled.

Self-Insured Companies Can Be Even More Difficult

Some trucking companies choose not to purchase standard insurance policies and opt to set aside a portion of their own assets to serve as insurance against unfortunate accidents. While insurance companies are subject to federal licensing and regulations and must therefore maintain ethical standards or risk sanction, self-insured companies are like gunslingers in the old west – they do business how they see fit. Instead of dealing with an adjuster, you’ll be negotiating with an officer of the self-insured trucking company who very likely receive at least some of his or her salary in the form of profit sharing. The more you take in compensation, then the less the company, and the company officer, make in profits. Thus, self-insured company officers will go to great lengths to prevent losing their own pay. Resultantly, self-insured companies have developed a reputation for unethical and even illegal behavior such as evidence tampering, bullying witnesses and threatening plaintiffs. Usually, when we’re hired by a client who’s negotiating with a self-insured company, the first thing we have to do is take legal action to compel them to negotiate in good faith.

More Than Legal Knowledge is Required for Success

It’s seldom a good idea to represent yourself – just as the old saying, “someone who represents himself in court has a fool for a client,” indicates. However, it’s absolute lunacy to attempt to handle your own 18-wheeler accident case. While you can go to the library or pick up a computer and learn what you need to know about the laws involved in your case, it takes more than a mere knowledge of law to succeed with an semi-truck accident case. Successful litigation depends far more on skill with manipulating procedure, devising strategy, and convincing the jury with suave oratory. The only way for a Texas truck accident attorney to give you the best chance of success is by compiling years of experience handling similar cases. Only trial and error can teach a lawyer the necessary tricks of the trade to fend off aggressive insurance adjusters and crafty, well-seasoned defense attorneys. A non-attorney or an inexperienced lawyer simply cannot jump through the procedural hoops involved. You need a skilled and experienced Texas truck accident attorney who knows how to prepare demand packets, answer interrogatories, or respond to lists of admissions or countersuits.

The most important thing you need working for you is a Texas truck accident attorney with a long and storied track record handling similar cases. Only a fear of losing brings insurance companies to the negotiating table with the intent of settling fairly. With hundreds of victories under our belts, the attorneys at Grossman Law Offices have taken on and defeated every major insurance carrier in the nation, winning many millions of dollars for injured Texans and the loved ones of the wrongfully killed. When our attorneys file a case, the insurance adjusters are often willing to offer fair settlements amicably, so they can avoid the expense of a trial against our accomplished firm. This allows our clients to get on with their lives with as little additional stress and expense possible.

What Should You Do Now?

Right now, the most critical thing for you to do is hire an attorney. The evidence in a truck accident case is not going to wait for you to get in gear – it’s going to disappear. Evidence in accident cases begins to fade not long after the accident – the physical evidence is altered on a busy roadway, witnesses become hard to find, videos get erased, and cars can be destroyed, taking the physical evidence they hold along with them. The sooner you retain an attorney, the better chance your lawyer has of finding the evidence needed to win your case. While Grossman Law Offices has won cases in which we weren’t hired until a year after the accident, we readily acknowledge our chances improve the quicker we can begin investigating. We race to the scene of the accident as soon as we’re retained, looking for any physical evidence like the distance between the skid marks and the wreck. We scour over police reports, sequester and search the vehicles involved, locate and interview witnesses, look for video or photographic evidence – anything we can do to identify the negligent party and then prove his or her liability. Whatever evidence we find is carefully locked down and documented so it can be used in court.

To emphasize the importance of a timely investigation, consider the example of another former client. We were hired by the family of two men who were involved in a catastrophic under-ride accident – when a car actually drives under an 18-wheeler’s training, ripping off the roof of the car. The truck driver attempted to make an awkward turn and managed to lodge his truck in the middle of the road, with the trailer stretching all the way across the street, blocking the right of way in either direction. You would be shocked how often this type of obstruction leads to an 18-wheeler accident. Since it was night, our client’s loved one could only see the taillights by the side of the road when he rounded a bend in the road and slammed into the trailer. The force of the wreck tore the roof of the car off cleanly, killed the driver, and left the passenger in intensive care. When the families hired our firm the next day, our investigators raced to the scene only to find our client’s vehicle had been taken to a nearby salvage yard. Upon investigating the car, our attorneys were dumbfounded to find that it had no headlights – as in, they were missing entirely and not just broken. Fearing our clients’ case had been destroyed, we searched the rest of the salvage yard and found a video security system. When we obtained a copy of the video and watched it, we found video proof of the truck driver sneaking into the salvage yard to steal the headlights our of the dead man’s car. When the trucking company’s insurer tried to deny our clients’ wrongful death and personal injury claims based upon the false claim that the dead man was driving without headlights, we produced the video and saved our clients’ case.

The lesson to be learned from this anecdote is the importance of acting quickly. In this case, if our clients had waited any longer before hiring us, then the evidence would have been lost. The surveillance system at the salvage yard was set to tape over its own video every two days. The margin of error between success and failure is that narrow.

We Can Be of Assistance

For two decades, Texas truck accident attorney Michael Grossman and his team at Grossman Law Offices have been mastering how to maximize compensation in 18-wheeler accident cases. You have the opportunity to put our expertise to work for you if you’ve been injured or a family member has been killed in a commercial trucking accident in San Antonio or elsewhere in Texas. Hundreds of injured Texans have relied upon our knowledge and skill to recover millions and millions of dollars in damages, so we’re confident we’ll be able to help you if at all possible. Call us today at 1-855-393-0000 (toll free) for a free consultation if you’ve been injured or a loved one has been killed in a collision with a semi-truck. After listening to your story, we can give you a better idea of where you stand and answer any questions you may have.