San Antonio Injury & Wrongful Death Lawyers 18-Wheeler Accident Attorney : Commercial Trucking Accident Injury Lawsuits //–>Commercial Truck Accidents can Cause Massive Damage & Serious Injury. Let Our Law Firm Help You After a Semi-Truck Accident in South Texas
Prevailing through any accident isn’t easy, but nothing compares to the catastrophic damage caused by 18-wheelers. Big rigs can have a weight exceeding 80,000 pounds, so immense damage happens when they’re involved in accidents. Because truckers are paid by the hour, they can wind up working for extended hours without breaks, and this leads to increased chances in decreased concentration and consciousness, plus more accidents, injuries, property damage and possible fatalities that accompany those wrecks.
For over 20 years, the 18-wheeler accident attorneys at ———————- have been working personal injury cases in Conroe. We understand how victims can have plenty of medical and legal questions they’re needing answers for after sustaining their injuries or maybe they’re grieving after losing a family member due to a big rig wreck. The most important goal at this point is making sure you’ve been examined by medical experts after your Conroe 18-wheeler accident. Getting treated for your injuries is important, but you still needed to get them officially recorded too for use in trial. If you’re without insurance or have insurance that isn’t sizable enough in its coverage, then we’ll help find a doctor that will work with your financial issues and develop a payment plan suited just for your financial situation.
After your injuries have been handled, you need to give serious consideration to getting compensation for your harm through a possible lawsuit. The law states negligent parties don’t instantly have to pay you for your injuries, and that it’s up to you as the victim (also called the plaintiff in the legal world) to handle the burden of showing you deserve to be compensated. Only an experienced Conroe 18-wheeler accident attorney provides you with the best ability to get the proper compensation you’re owed. Our Conroe attorneys want to make you aware of your legal options so you can help your family as much as possible.
This article is meant to just provide information and shouldn’t be used as a free fill-in for the legal expertise that comes from a skilled attorney who can examine the particulars of your case. To learn more about how the law effects the specifics of your case, contact us today at 1-855-392-0000 (toll free) to get answers for what you’re wondering about.The Reasons to File a Conroe 18-wheeler Accident Injury Lawsuit
Our Conroe attorneys have experienced up close the emotional and physical trauma created by 18-wheeler accidents. Due to our extensive experience, we’ve discovered plenty of 18-wheeler accident victims are cautious about seeking legal action since they think putting a price on injuries is off-putting and having to do this forces them to relive the tragedy in their mind. Even though filing a claim isn’t fun, as we’ll discuss later in this article, speedy action is extremely important to your claim’s success so you need to understand it’s critical to move quickly after your accident occurs.
There’s two benefits of seeking a lawsuit when dealing with harm stemming from a Conroe 18-wheeler accident: first, it lets the injured party recover from the financial and emotional tragedy caused by the accident, while punishing those whose choices led to the accident happening in the first place. There’s no amount of money that can take away the damages created by your accident or wipe that memory from your mind. However, you still have extremely sizable financial burdens to deal with. The best way to get your family back to some type of normalcy after this type of accident is by getting compensation from the individual or group who was liable for your accident. More than likely you’ve missed tons of time working due to your injuries, so handling your medical bills for your injuries and medical bills for your vehicle can be impossible unless you file a lawsuit against the party or parties who were responsible for your injuries.
The other goal for a Conroe 18-wheeler accident lawsuit is to attempt and decrease more negligent behavior by punishing those responsible for the Conroe accident. People who have lost substantial money in a Conroe 18-wheeler accident lawsuit will tend to not make the same choices again. The best way to get someone’s attention is to attack their bank account.Common Negligent Causes of 18-Wheeler Accidents
If you’re trying to figure out who to sue, the first goal is to learn how your accident happened and then discover who was at fault. Tons of people take part in transporting goods on an 18-wheeler, so in many Conroe 18-wheeler accident cases, more than one party may have been negligent and factored into a Conroe 18-wheeler accident. An experienced Conroe 18-wheeler accident lawyer can rely on past cases from over the years litigating 18-wheeler accident claims to accurately figure out how your accident happened and who was responsible. Any number of negligent parties could have contributed to an 18-wheeler accident: the trucker, the trucking company, manufacturers of the truck or trailer, the business that loaded the truck, or other third parties. For example:Truckers – Tons of hours are spent on highways and interstates by truck drivers, and in the majority of 18-wheeler accident cases, they are responsible either partially or entirely. Truckers will cause accidents when behave negligently. This is evident through: driving under the influence, speeding, ignoring stop signs, or excessive swerving. Many times Conroe 18-wheeler accidents are the result of the Conroe trucker being exhausted. Federal law requires that drivers take necessary rest breaks, but many of them disregard these guidelines so they’re able to meet company time constraints. Studies have revealed that truckers double their chances of being in an accident after eight straight hours of driving. Our survey showed that 20 percent of drivers confessed to falling asleep at the wheel more than once in the previous month. Whether by accident or deliberately, if a trucker’s negligence resulted in an accident that caused you to be injured, then you’ll have the chance to seek a lawsuit against that trucker.Trucking Companies – Texas follows a legal concept called “respondeat superior.” This means that employers face the same liability for the actions or inaction of their employees. If it’s determined that the truck driver’s negligence resulted in your wreck, then the trucking company could also be punished. So if a trucker had a litany of previous DUI convictions, then causes an accident while drunk, then the trucking company becomes responsible for any injuries stemming from the tragedy.
It also needs to be mentioned that the trucking company doesn’t have to act negligently on its own to be ruled liable for the negligence of its truckers. So as long as the trucker is deemed negligent, a lawsuit can be sought for damages from the trucking company. Most of the time the trucking company is the defendant people want damages from because it has greater ability to access more resources than drivers.Manufacturers – Look closely at how they’re made, and you’ll see trucks and trailers are constructed from thousands of parts; all fastened together to ensure the vehicle’s safety. If any of these parts don’t function like they’re intended to while the truck is operating, then that can result in an accident. If the error was a result of a design defect or manufacturing error and a wreck follows, then anyone harmed in the wreck has the chance to get compensation from the manufacturer.The Company that Planned the Route – Not every road and neighborhood in Conroe is intended for 18 wheelers and plenty of bridges have weight and height restrictions in place. To make sure everything’s safe, trucking companies will rely on other businesses to map out safe routes for big rigs to travel. If this company maps a course that is unsafe and dangerous for Conroe 18 wheelers, then a lawsuit can be pursued against that business.The Company that Loaded the Cargo – A lot of times the company that owned the cargo is able to get it on board themselves, and other times another company handles that duty. If the company that put the cargo on did so in a poor or unsafe manner, this can result in a wreck and injuries that the company would be liable for. Cargo in a Conroe 18 wheeler is limited to 80,000 pounds, but lots of companies attempt to carry additional goods at a decreased cost and neglect this rule.
Weight limits are developed for a reason because an overloaded truck has a higher probability to topple and cause far more damage when it has a wreck. When the company that puts the cargo on doesn’t secure it properly, the cargo has a shot to loosen during transportation, creating a load shift that overturns the trailer and leads to wrecks with other vehicles in Cargo. When flatbeds are incorporated, poorly loaded cargo can smash onto the road and create instant panic for lots of shocked drivers traveling behind the trucker.Other Drivers – An 18-wheeler may have been in a Conroe accident but that doesn’t mean they’re the immediate cause for the accident. Sometimes other drivers disregard their duty to make sure others are kept safe on the road, and a Conroe 18-wheeler accident happens, creating damage and injuries to more drivers on the road. When that happens, victims can pursue damages from these third parties.
Any of these parties or a group of them could have entirely or partially played a role in the Conroe 18-wheeler accident that harmed you. You need the help of an experienced Conroe 18 wheeler accident lawyer who can find the cause and all of the credible defendants, so you can get the compensation you deserve from all the people who injured you with their negligent behavior.Prompt Investigation is Critical
A speedy and professional investigation has to happen if you want to get the key evidence to determine all of the necessary parties and prove your case after you’ve been injured in a Conroe 18-wheeler accident case. Since there are lots of groups that could acted in a negligent manner and played a factor in your injury, a strong investigation is needed to determine all of the key parties and their amount of negligence. You’re going to need proof to be able to convince the jury to rule for you, and evidence begins to disappear immediately after a Conroe wreck. It’s essential to get your Conroe lawyer searching for evidence as quick as you can. For every moment you waste not getting an attorney you trust, you’re doing serious harm to your claim because the proof you need is disappearing – witnesses leave town or their memories become fuzzy, videos get trashed and the accident scene physically evolves.
Our 18-wheeler accident lawyers at ———————- have spent 20 years perfecting our ability at learning the art of investigating accident scenes. once you hire us, we quickly travel to the accident scene (free of charge to clients) so we can find any evidence that helps our client’s case. We do what’s needed to reach the truth – securing all the main vehicles involved, getting photos, searching for video footage, looking through police records, measuring distance between skid marks, conducting forensic tests, doing witness testimony and gathering any evidence acquired to use later in trial.
You’re probably already far behind the investigative efforts that have been launched by the defense. Many times what happens is that right after a trucker reports an accident, the trucking or insurance company gets their investigators swiftly to the accident scene. The defensive investigators aren’t bothered learning how the accident really happened; they just want to get facts that show your injuries were a result of your own negligence. If you don’t have lawyers on the scene in Conroe, you’ll have no idea if the defense has tampered with evidence, or done its investigation in an ethical fashion. If they discover evidence that shows you were negligent, then they can get your insurance claim overturned if they can prove you were totally responsible, or lessen the damages owed if they can properly show you were partially negligent.
One recent case we were hired for in Conroe shows the need for a prompt and thorough investigation. In this issue, our firm was retained by the driver of a regular passenger vehicle after he was injured in a late night accident with a big rig. The trucking company was claiming our client had no headlights in his SUV when the accident took place. Once we were brought on the case, our client’s totaled car had been taken from the accident scene and to a salvage yard nearby. When our Conroe attorneys noticed the SUV at the junkyard, they saw it was really missing its headlights. We were immediately worried about client getting any form of compensation, but our investigators spotted a surveillance camera in the salvage yard and grabbed some video footage. This particular surveillance system was set to record over its memory every 48 hours and we got our hands on the video right before it was erased. The footage revealed an official from the trucking company illegally taking out our client’s headlights and leaving the junkyard with them. In trial, the trucking company’s attempted to argue our client’s car had no headlights, but our physical evidence revealed their deception and got compensation for our client. If our client had made the error of hesitating any longer in hiring us, the video would have been useless, any chance of getting restitution would have ended and the trucking company would have managed to commit felonious evidence tampering.
Our Conroe attorneys deal with lies and deception regularly in Conroe 18-wheeler accident cases, so you need to hire a lawyer and have quick, detailed oriented investigation begin as quick as you can. Sometimes our Conroe investigators are still able to spot the required proof long after an accident took place, but the quicker we can begin an investigation, the stronger chance we have of locating the proof needed to obtain the compensation you’re owed. Don’t wait any longer before reaching a Conroe 18-wheeler accident lawyer.Common Obstacles that Plaintiffs Must Overcome
You may have filed an insurance claim after a regular car wreck, but that doesn’t instantly give you credibility to work your Conroe 18-wheeler accident lawsuit by yourself. Trucking insurance policies are estimated to be 50 times worth the value of a regular insurance policy. Because of the size of commercial trucking insurance policies, litigation to handle these cases is usually more detailed than what you experience with your car. Plaintiffs who believe they’ll save money on lawyer’s fees through self representation soon realize they’ve cost themselves way more with compensation that’s been decreased or totally denied. People who have no legal background and lawyers fresh out of school are often befuddled when trying to file lawsuits after 18-wheeler accidents because of numerous challenges: showing the burden of proof, the enormity of insurance policies, self-insured companies and lying truckers.Burden of Proof
The law doesn’t demand that the defendant or defendants pay you a cent after you’ve been injured in a Conroe 18-wheeler accident unless, as the plaintiff, can properly show they need to. If you want to get the restitution you want for your injuries, you’ll have to support your case with strong, factual evidence. While other means of negotiation can be leaned on to settle claims, you still need to find evidence so the defense and insurance workers will need to approach this in good faith. You also must meet these four requirements for a Conroe 18-wheeler accident case:Duty – The first part in this process is showing the defendant owed you a duty to keep him or her safe by behaving reasonably. The law has established guidelines for the legal duty of care owed for certain circumstances and for each party depending on their relationships. In Conroe 18-wheeler accident cases, meeting this factor tends to be easy, since all drivers have to operate their vehicles in a way that would ensure the safety of other drivers, pedestrians and passengers on the roads.Breach – If you want to see your case succeed, the next step is showing the defendant or defendants violated the obligation of care you were owed. This usually happens when the defendant put others at harm either with choices that regular people wouldn’t make or inaction when most of us would be asked to take charge. You’ll have to get evidence that proves the defendant ignored his or her legal duty of care through action or inaction if you want to show this violation. Besides of all that, you’ll need a Conroe 18-wheeler accident lawyer who is capable of using that evidence in a persuasive manner with a jury and getting them to see the defendant or defendants acted inappropriately.Causation – Along with being able to show the defendant or defendant’s violation of their legal duty to you, you also need to prove your injuries were a result of this breach. Since numerous parties could have caused or played a part in the cause of a Conroe 18-wheeler accident, it takes very detailed, factual, credible evidence to let a jury see a causal relationship existed between the defendant breaking his or her obligation to you and the harm that resulted. If this isn’t done, the defendant can take down your case by shifting blame to someone else for your injuries. Many times, the defendant or defendant’s best chances of winning is to dodge blame and put it right at the victim for causing their own injuries with their negligence.Damages – Once you’ve demonstrated all three other components of a strong Conroe 18-wheeler accident lawsuit, you then have to prove the damages owed to you were due to the injuries you had. In the legal world, damages have zero to do with your injuries or property damage, but instead are about the compensation owed to the defendant for the harm that’s been caused. The plaintiff has the chance to seek damages for medical expenses, lost wages, pain and suffering, lost earning income, damaged property and other forms of losses incurred in the accident.
The worst part is that you can’t just demand compensation from the court and think you’ll get it quickly. You must provide factual evidence that points out not just your losses but also how you came up with that value for those damages. What happens then is that defendants will likely fight about the total compensation owed by the plaintiff and then submit their own amount owed, which will likely decrease the overall amount of harm the plaintiff has endured. If you’re wanting to show how the defendant took the sneaky cheap way out, you must present unflappable evidence that prove your numbers are spot on.
What is the true cost of my case? Damages like pain and suffering and loss of earning capacity are very subjective and always up for debate, and they’re also nearly impossible to total for regular citizens. It’s complicated putting a value on pain and suffering or estimate lost earning capacity by figuring the overall value of potential raises and inflation. In trial, you’ve got one shot to compile the amount of equitable compensation you should get. For the past 20 years, our Conroe 18-wheeler accident lawyers have been totaling damages and we have gained enough familiarity with cases such as yours to learn how to take all your losses and get an estimation of compensation that will assist your family in getting the restitution they desire.
If you can’t show any of these four elements, you’ll probably fail at getting compensation for the harm incurred to you. You need the help of a Conroe 18-wheeler accident lawyer – especially if you wind up in trial. Countless years litigating 18-wheeler accident cases has helped our lawyers build a strong legal strategy to meet the burdens of proof and get the jury to rule in your favor. Enormous Insurance Policies
Federal regulations require trucking companies to purchase huge insurance policies to guard against wrecks, injuries and potential fatalities that may occur because of being involved with 18-wheelers. Because of this, many assume that they’ll be compensated faster and without complications. Most of the time, that’s just not true. Because insurance policies for Conroe 18-wheelers can be valued at 50 times more than your coverage for a regular car, the insurance companies usually devote 50 times the effort and manpower to defend those policies.
When you factor in all that’s at stake, insurance companies rely on their shrewdest and most trained insurance adjusters to handle settlement negotiations. While you’re probably inexperienced at working truck accident claims, these adjusters are the best and handle these issues on a regular basis. They are equipped and able to take the accident victim’s initial state of shock and their easy trust in local insurance agents, then twisting it and denying their claims. They provide a fake friendship and try to make the victim believe they want to assist them and help him or her receive their compensation – but the victim has to first answer some quick, simple questions. They don’t care about helping at all; they just want to improve company profits and reject your claim. Following that, they bombard you with tons of questions that are basically twisting the same questions around in an attempt to get you to mess up and say you were responsible for your accident. If they can get you to accidentally cop to your own accident, they can get your claim tossed. The best move here is to have as little contact as possible with the insurance adjuster, which is why you should hire a Conroe 18-wheeler accident lawyer and let your council deal with the relentless questions from the insurance adjusters. In fact, we tell clients not to talk with any members of insurance companies without a lawyer serving as a buffer. If you retain our firm, our Conroe lawyers will handle all of the conversations with the insurance company and protect you from any chance at admitting your own liability.
Many times aggressive insurance adjusters will even try to get accident victims to forfeit their rights to pursue a lawsuit and give them a smaller settlement instead. It’s a good thing to avoid the drama and unknowns that come with a jury trial, but you don’t want to choose an offer than doesn’t properly compensate you for the pain you’re dealing with. Only a Conroe lawyer with an extensive track record of success can get the insurance company to provide a fair settlement, since they’re worried about losing far more money at trial.
The insurance company will also attempt to avoid liability for your injuries by using a talented defense team that can spot the legal loopholes and procedural challenges that could lead to a plaintiff hurting their chances at compensation. You need an experienced Conroe 18-wheeler accident lawyer who can stand in with the best defense specialists out there. Our Conroe attorneys have won countless millions from every well-known insurance company in the country, and we’ve learned how to predict every move they will make.Self-Insured Companies can Be More Treacherous
Instead of purchasing normal insurance policies, some trucking companies will set aside a portion of their assets in an account devoted to insurance for when an accident happens. The federal government regulates the insurance company and demands that all businesses be registered, adjusters have licenses and certain practices are followed, but self-insured companies don’t have to adhere to these practices. That’s why these self-insured businesses have developed a reputation for being unethical and impossible to deal with when it comes to negotiations. Many times, if you want to reach a settlement with a self-insured company, you’ll have to work with an official from that company. Since this worker probably gets some of their income from profit sharing, they have every reason to reject your claim. This worker would be handing over their own paycheck if they let you get the restitution you deserve. With their own wages in limbo, self-insured companies will put their own best-interests ahead of the plaintiff’s and will not hesitate to do things like bully witnesses, change or tamper with evidence and threaten victims.
If a self-insured company has attempted to bully you or harass you, then you need this to cease and that can be accomplished with the assistance of a Conroe 18 wheeler accident lawyer. The moment we’re retained, our Conroe 18-wheeler attorneys can pressure self-insured companies to negotiate properly with threats of legal option a possibility.Truckers Can’t Be Trusted
Most of us believe people are honest and trustworthy, but the trucker who injured you with their negligent behavior has too much motivation to lie. If the trucker is deemed to have harmed others with negligence, then that person will probably be receiving a pink slip in no time, if they haven’t already been fired. Truckers who have been found negligent will have a tough time finding another job quickly with that kind of black mark imprinted on their record. When you consider the job market and the economy, plenty of good, upstanding truckers will have to lie to save their jobs and be able to take care of their families. To get the compensation you need, you’ll have to show the trucker is lying.
Our Conroe 18-wheeler accident lawyers have learned about investigating and discovering the required evidence that exposes the trucker’s deception. We will ruin the trucker’s credibility with all the necessary evidence that will expose their lies.
Just like insurance adjusters who try to get victims to admit their negligence with all their questions, our Conroe attorneys will form some questions for the deposition, all of them meant to trick the truck driver into confessing his or her own lie. The Conroe 18-wheeler accident lawyers at ———————- have deposed countless witnesses over 20 years and we known how to ask questions just right to catch a trucker in a lie.How we Can Help
If you have been hurt our lost a loved one in an 18-wheeler accident in Conroe, you need to hire an 18-wheeler accident attorney to guard your legal rights and make sure you get the proper compensation you deserve. From start to finish, our attorneys handle every part of your case and make sure you’re updated on any changes as they arise. We also provide these services:
Chances are the defendant has already finished its investigation and case against you. By hesitating anymore in getting an attorney, you’re creating immense damage in getting the restitution you deserve. Call us today at 1-855-392-0000 (toll free) to get a free consultation and learn how we can help you like we have countless others in Texas.Some of Our Most Recent Successful Cases$19,000.00 Recovery – Commercial Vehicle Accident (Pulled Muscle)Recovery for client who sustained a pulled muscle in an 18-wheeler accident.
San Antonio Injury & Wrongful Death LawyersSan Antonio Flatbed Truck Accident Attorney : Flatbed Trailer Wrecks in San Antonio //–>San Antonio Flatbed Trailer Accident Attorney Michael Grossman On Trailer Accidents and the Aftermath.
Accidents involving flatbed trailers include all of the danger of accidents involving regular big-rigs and 18-wheelers, but are can often be more dangerous and more deadly. The trailers themselves are generally used to transport large, bulky, heavy or unwieldy cargo that wouldn’t be able to fit inside the regular trailer of an eighteen-wheeler.
In and around San Antonio, Austin, Dallas, Amarillo, Lubbock and all across Texas we have all seen flatbed trailers moving down the highway with cargoes of pre-fab homes, pipes, oil rig parts, windmills blades and bases, and many other materials and goods which weigh thousands of pounds and which can pose a tremendous danger to other motorists and pedestrians in the event of an accident resulting from poor driving, bad conditions or improper loading.
If you or a loved one has been injured in a wreck involving a flatbed trailer in San Antonio or anywhere in Texas, you are likely entitled to fair and just compensation for your injuries. A San Antonio flatbed truck wreck law firm can assist you in receiving that compensation and can help you protect all of your rights. San Antonio flatbed trailer accident attorney Michael Grossman and his team at ———————- provides this article by way of information in order to assist you or any victim of the terrible tragedy of being involved in a flatbed trailer accident in deciding what the next step is. In this article we will discuss liability (that is, who is at fault and who can be sued), some obstacles common to the process, and what you should expect to get from your flatbed truck wreck law firms and the assistance available to you. Remember, here at ———————-, we can help you protect your rights. For a free consultation regarding your case, don’t hesitate to call our office today at 1-855-392-0000 (toll free). Who is Liable? Who is at Fault?
Imagine a flatbed trailer wreck scenario involving a major highway, multiple vehicles, injuries and enormous property damage. Who would be at fault; who would be to blame? In the U.S., everyone on the road owes a “Duty of Care” to everyone else. We’ll go into this in depth later, but basically this Duty is to act rationally in any situation so as to prevent harm to others around you. Think of it as a sort of Golden Rule. If someone acts irresponsibly, irrationally or with harmful intent, then they have breached their duty and are the responsible parties in the event of something like a flatbed trailer accident. Think on our scenario then, with multiple factors involved. It could be that one person breached their Duty of Care in the event of an accident, but it also could be that multiple parties breached their Duty and are responsible and ultimately liable, meaning that you can bring a suit against them in order to receive compensation for your injuries. In a simpler case, involving just the truck and yourself, there are still multiple parties who might bear some of the responsibility for the accident and bear the liability as a part of that. If you have been injured in such an accident, then your flatbed accident attorney will compile a list of the most likely parties who might bear liability for what occurred, and should organize an investigation into these parties and into the accident that will thoroughly determine who was or was not at fault.
The most likely suspect and therefore the first party normally investigated is the driver of the flatbed trailer, who you have probably considered as the liable party from the beginning. The very nature of the work that a big rig driver undertakes can take a serious toll on that driver, and the benefits of stretching the rules, and themselves, can often outweigh the negative results. Truck drivers are paid drive for long stretches of time and meet strict deadlines. Just like a worker in an office, the driver might choose to work late to meet that deadline, driving through the night or for long and grueling stretches. It is against the law for a truck driver to drive without occasionally stopping for mandated rests, but even so they can still get exhausted and tired and careless. When a flatbed trailer driver is exhausted or sleepy behind the wheel of a vehicle loaded with thousands of pounds of equipment, however, the dangers are obvious. Did You Know?
Our Attorneys have been fighting for 18 wheeler accident victims` rights for over 20 years. Call us
The driver is only the first possibly liable party in the event of a flatbed trailer accident, though. In many accident cases such as this, we have found that even if the driver’s unintentional carelessness had some major part in the accident, there could be other liable parties as well, often including the trucking company itself. This is a benefit for you in terms of compensation for the damages, because a truck driver isn’t necessarily a rich person and will most likely not be able to afford the damages for which he or she must compensate you. With the trucking company, however, you will find that they have far more assets and will actually have the funds to compensate you for your injuries. In the state of Texas, the law holds all employers responsible in some part for the injuries their employee does while on the job. This legal doctrine is called respondeat superior, and under it, all employers are liable for the actions their employees take while working. Though it may sound unfair to business owners out there that they can be held responsible for the poor judgment and bad actions of their employees, think about it in this way: would you hire a convicted felon to work in a bank? In the same way, the trucking companies know that they are paying their employees for high-risk work if they drive flatbed trailers, and therefore must be mindful of whom they are hiring, their background, their training, et cetera. Driving a big rig takes a lot of training, experience, and competence, and the trucking company is responsible to hire drivers who won’t cause accidents and injuries while on the job.
The list of potentially liable parties does not stop with the trucking company, however. Every trucking company that uses flatbed trailers has a whole set of companies and contractors who take care of other, ancillary aspects of the job, including manufacturers who make the cargo straps, the flatbed parts or even the engine parts and the anti-lock brakes, the route-planning companies that create detailed routes for the driver, and the company that handles the loading and securing of the cargo on the flatbed. All of these companies and all the employees involved might bear some of the liability for the accident. For example, the route planning company might not update their digital files (often the equivalent GPS databases) and the truck might pass under an overpass without enough clearance room, knocking the cargo off the bed of the truck and injuring or killing other motorists and pedestrians. In that case, the route-planning company would bear serious liability for the accident. You can easily imagine other scenarios where a third party bears liability: a cargo strap breaks, the anti-lock breaks fail, the trailer hitch is not properly secured, or the cargo is improperly loaded and comes loose. These situations will be indications that another party has been negligent and bears the liability for the case. In such situations as this, your flatbed accident attorney should be on hand to help you determine who bears liability and who can be named in the lawsuit. Remember, no one is legally required to automatically pay you compensation for injuries and hospital bills and lost wages. You have to take the initiative and retain the services of an experienced and competent San Antonio flatbed trailer accident attorney who will help you get the just and fair compensation you deserve. Some Obstacles for Accident Victims
Bringing a lawsuit against a flatbed trailer driver, trucking company, third party or insurance company without the assistance of an experienced flatbed truck wreck lawyer can be impossible. The legal system is already complicated but in a case like this there are numerous obstacles that will absolutely prevent you from receiving the compensation you deserve. An experienced and competent attorney will be able to help you overcome these obstacles which might undermine and destroy your case. Some of the obstacles you should be aware of when you begin the process of filing a claim after you suffer injuries in a flatbed trailer accident might include: the cargo source (and the third-party liability that comes with it), dishonest drivers, large and protected insurance companies, self-insurance, and the burden of proof.
One reason that ———————- provides this article is so that you will have an idea of what you should expect from a case resulting from a flatbed trailer accident. If you have been injured in San Antonio flatbed trailer accident, then read on to see what some of the obstacles to getting fair compensation are. The Cargo Source (and the Third-Party Liability that Comes with It)
It might be the case that you don’t even see a flatbed trailer, and that the accident occurs when you collide with or swerve to avoid some piece of cargo lying on the road long after the flatbed trailer carrying the cargo has gone on. In a situation such as this, determining liability can be very difficult for a layman without legal knowledge and experience. To bring a suit to court, you must first determine the identity of the liable parties and therefore must seek out the truck that dropped the cargo in the first place. Cases like this are fairly common. During the loading process, even a small bit of negligence can make a difference when the cargo is many tons. This can happen and some part of the cargo might fall off the truck without the driver even being aware of it. In such situations, a San Antonio flatbed trailer attorney has access to the investigative teams that can help you determine whose cargo it was that caused the accident in which you were injured. Dishonest Drivers
Another obstacle, and one that is fairly common as well, is a dishonest driver who will lie to cover up their liability. Remember that the truck driver’s reputation and experience and competent behavior are key to being successful and continuing to find work. There are a lot of drivers out their available to work and a black mark on the record of a driver will often be a determining factor in whether or not they get hired for any jobs. Because of this, the drivers will often try and cover up their mistakes and negligence by lying to protect their interests. It is an all-too-understandable reaction and unfortunate in that their lie might prevent you from receiving the compensation for an injury caused by their negligence. In cases where the driver is negligent and causes injury to another motorist or to a pedestrian, it is a zero-sum game. Someone wins and someone loses. If you have been injured and the driver is lying to cover up their liability, you have a great deal to lose. This is why it is so important to determine liability and to retain an experienced attorney who will be able to see through the lies of the driver.
An experienced San Antonio flatbed trailer accident attorney will have many methods of getting to the bottom of the case and detecting the truth through the lies of the driver. The first thing will be to gather as much evidence as possible to show that the driver is being dishonest. An example of this is when in one of our many successful cases we used surveillance footage to prove that a truck driver was being dishonest when he claimed that the victim of the accident was driving without headlights at night. Our footage showed that this was not the case. Another way that an experienced lawyer will be able to get to the truth is through a deposition. A deposition allows the lawyer to question the witnesses for the defense before the trail even begins. An experienced and competent lawyer will be able to ask questions that will get witnesses to admit the truth or get caught in a lie. Here at ———————-, Michael Grossman and his legal team have taken thousands of depositions and know what it takes to ensure that your rights are protected before and during the trial. Our goal is to ensure that your side of the story is effectively conveyed before judge and jury and that the truth be revealed about the negligent parties. Large and Protected Insurance Companies
Perhaps the number one obstacle during a flatbed trailer accident claim is the insurance company. Although television commercials give the impression that insurance companies are fair and selfless, it must be remembered that they are for-profit businesses whose entire business model is to gamble against the chance that their policyholders need to make a payout. In the world of insurance, the big guns are the industrial insurance companies whose policies cover millions of dollars of damages should they occur. As you can well imagine, an insurance company that covers potential damages resulting from an accident involving thousands of pounds of heavy machinery hurtling along at many miles per hour is involved in a serious business. While simple automobile insurance companies might make a fifty thousand or a hundred thousand dollar payout, industrial flatbed trailer insurance companies stand to lose millions. Because of this, the company will go to enormous lengths to prevent that loss by means of denying your claims, pressing you to accept an insultingly low settlement, and more methods that are unethical at best.
With the value of the flatbed trailer accident policies being so high, the insurance companies will have a team of dedicated professionals whose main job is to fight your claim in and out of court. They will have experienced lawyers who have specialized in the field and will know the ins and outs of the technical world of flatbed trailer insurance, they will have a team of adjusters whose goal will be to see the minimum possible payout, and they will have a team of investigators who will try and build a case in defense of what has happened. These investigators are motivated to act in way that the average person would deem unethical and have been known to take actions, which cause even further hardship to the victims of the accidents. You can guarantee that the insurance companies will have their teams in the field within 24 hours of an accident, sifting through evidence, pressuring you to settle, and building a case against you. It’s what they are paid to do and because of the stakes, they are paid well. They have all been hired because they are the best at their job, their job being to deny and prevent damage claims made by other accident victims such as yourself.
Even dealing with the insurance company agents will take its toll on you, adding to the burdens you will already bear through your injuries or those of a loved one. They will have company employees making frequent and aggressive calls to your home, and will attempt during those conversations to get you to let slip that you are not that badly injured and that it might have been your fault. Rest assured that your conversations will be recorded and that they will be intentionally trying to get you to let something slip that might sink your claim. We have known insurance company employees to call many times a day, make personal visits, goad victims and their families into signing harmless looking papers that turn out to destroy a claim, and even visit the hospital where the victim is receiving care. We have had cases where the insurance company adjusters have visited the funeral of an accident victim in an attempt to get the family members to sign away their right to sue the company. Michael Grossman and his team at ———————- have dealt with nearly every major insurance company in the nation and have twenty years of experience with all of their tactics. The companies recognize our name and understand that when we have been retained that they can’t use unethical tactics like the ones described above. Often our reputation alone can help a company see their way to making a fair settlement. Self-Insurance
Another major obstacle comes when a trucking company chooses to self-insure rather than purchasing a policy from a major insurance company. Though it might sound like this would mean they have less experience and are more likely to lose the case, dealing with self-insured trucking companies is a lot worse than dealing with a major insurance company. The law requires all trucking companies to insure their trucks, and a portion of them choose to set aside assets for a potential suit rather than paying a yearly premium to a big company. This is completely legal and often will be the smart choice for businesses that don’t suffer any accidents, but with the business of flatbed trailer cargo trucking, the chance of an accident can unfortunately be very high. In the even of an accident, you will be forced to deal with the trucking company lawyers rather than the insurance company team.
The person you will be dealing with at the trucking company when you make your claim will probably be an officer of the company rather than the insurance adjuster you would otherwise have dealt with. This employee will have a serious interest in denying your claim because oftentimes their salary or their bonuses or even their job can depend on how successfully they block your claim. In addition, the tactics of a major insurance company, regardless of how unethical they may look, are still within the law since the company and all its employees are licensed professionals who must face the consequences of their actions should they be discovered. If a traditional insurance adjuster were to use the tactics of the self-insured trucking company officer, they would lose their license permanently. Where the traditional insurance company agents can be aggressive and rude, the self-licensed trucking company agent can be harassing and even threatening. It is unfortunately a common occurrence to have trucking company officials threaten the victims or the witnesses and even to tamper with evidence. Here at ———————-, after twenty years of dealing with self-insured trucking companies we know what is involved and we know how to prevent such behavior. Our number one goal is to protect our clients and their interests from behavior such as this and see that they get their fair and just compensation for the injury and damages they have received as a result of a flatbed trailer accident. The Burden of Proof
Despite all of the previous obstacles, there is in addition a serious legal obstacle for every claimant to overcome in a personal injury or wrongful death claim. That is the Burden of Proof. An underrepresented or non-represented plaintiff is required by law to prove that the defendant is guilty. This may seem unfair, but it is a basic tenant of law in the United States and without it many individuals could be unfairly forced to compensate for someone else’s negligence. The law presupposes that the defendant in any given injury claim is not required to compensate the plaintiff unless the plaintiff shows the evidence that he or she is required to collect by the burden of proof, proving that the defendant is indeed guilty. If the plaintiff does not collect enough evidence or if the evidence they have is not convincing to the jury, then they will receive no compensation. The burden of proof in any case involving injury or wrongful death has four parts that must be proved in order to recover any money for damages and injury. Duty:
At the beginning of the article we discussed how everyone on the road owes a duty of care to everyone else. We likened it to a version of the Golden Rule. One way of looking at it is determining how a reasonable, rational person would behave in any given situation. Since everyone owes a duty to those around him or her not to do them harm, behaving unreasonably or irrationally in a given situation is considered negligence and determines liability in the case of a flatbed trailer accident. In this situation, the driver might owe the duty, or the trucking company, or the company overseeing the loading, or the route-planners, or even the manufacturers. Breach:
Once you have proved that the defendant owed a duty to you, you must then show that he or she breached the duty of care through negligence by acting in such a way that a reasonable, rational person would not act. This might be as easy as showing that the defendant broke a minor traffic rule, like running a stop sign, or as complicated as showing that a third party company was responsible for loading poorly, therefore breaching their duty through a different kind of negligence. Causation:
Causation must be proved by showing that the defendant’s actions or the lack thereof were the cause of the harm you suffered. If the load fell out of a truck and another driver swerved to miss it without looking around them and ran into you, then causation might be more complicated, since it appears that several causes were to blame. In this situation, the driver of the truck and the trucking company might not have caused the accident or the resulting injuries at all, rather, a third party and a fourth party caused them. You must prove in court that the defendant in front of you caused the breach in duty. Damages:
The final element that you must prove if you want a successful completion of your case and the resulting compensation you deserve is the element of damages. By damages we mean the full monetary value of everything you have suffered, from the hospital bills to the property damage to the emotional toll. You will have the hospital bills at hand, hopefully, to show that damage, and the car garage should show your property damage, but it remains to be seen that you suffered emotional damage or other intangible damages like loss of future earnings or loss of earning potential. These less clear damages are difficult to calculate and even more difficult to prove to a jury. For hospital bills and the necessity of treatment, you can always bring in a doctor and physically show the bills to the jury, but for loss of future wages, you are actually dealing with a very important and vital piece of information that can change your whole life. If you can’t return to your normal working potential you will lose more money over the course of your life than you can easily calculate. Have you ever thought about calculating emotional damages? San Antonio flatbed trailer accident attorney Michael Grossman has the years of experience to known how to help you calculate the damages so that you can get the full and just compensation you deserve for your injuries resulting from a flatbed trailer accident.
If you are considering a trial, then it is absolutely vital that you retain the services of a competent and experienced lawyer who knows how to help you get the most compensation you can by helping you prove each separate element in the burden of proof. Flatbed Truck Wreck Law Firms and How They Can Help
Have you or a loved one been injured or has someone close to you been killed in a San Antonio flatbed trailer accident? If so, then you should know that here at ———————- we will fight for your right to just and fair compensation. We will handle your case from the beginning right through to the end, keeping you completely informed and updated on the process and the each step of the way. Some services that we will offer you in order to help you with your claim include:
If you or a loved one has been injured in a flatbed trailer accident in San Antonio, Amarillo, Dallas, Austin, Lubbock or anywhere in the state of Texas, then don’t hesitate to contact the ———————- for a free consultation at 1-855-392-0000 (toll free) and we will begin to build your case today. Whether you suffered as a result of poorly loaded cargo, bad driving, misguided route-planning, anti-lock break failure, or any other aspect of a flatbed trailer accident, don’t hesitate to contact us today. We will fight for your right to receive the full and just compensation you deserve. – Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
San Antonio Injury & Wrongful Death LawyersConroe Truck Accident Lawyer : Commercial Vehicle Accident Attorney in Texas //–>Call Our Truck Accident Attorneys if You’ve Been Injured in an Accident With a Commercial Vehicle
Go through the Conroe area and you’ll probably find plenty of law firms that would take on your truck accident case, but there are even fewer who can honestly say they have decades of experience handling 18-wheeler and other commercial vehicle accident cases.
There is an exception. The Conroe truck accident lawyers of ———————- have been working truck accident litigation for over two decades now prevailed in countless cases.
You’re probably unaware that commercial vehicles are found in many shapes and sizes. We’ve succeeded in personal injury and/or wrongful death claims involving rock haulers, dump trucks, all kinds of construction vehicles, moving vans, buses, tankers and other kinds and shapes of commercial vehicles. Despite the different kinds of commercial vehicles out there, these types of cases have some things in common:
They typically are larger and create additional harm than regular vehicles.
Different laws oversee them than those involving regular cars.
Last but most key: they are owned by huge businesses that will form a stout defense aimed at denying plaintiffs from getting any credible compensation.
We prefer to fight fire with fire. If you want your Conroe truck accident cases to have the best ability to be successful, you need to retain a law firm that doesn’t just have experience, but the skills, smarts and track record at knocking off the opposition in trial or forcing them to take a fair settlement that they usually would spend loads of effort in avoiding paying.
If you elect to have ———————- help you in your Conroe truck accident case, you’re obtaining 20 years of experience from qualified lawyers who have prevailed in hundreds of truck accident cases (and thousands of personal injury cases overall) throughout the year.
We’re providing you with this information to help you learn more about the case flow process that’s involved in a commercial vehicle accident case, and discover some of the key issues you’ll encounter in getting a successful recovery.How Truck Accident Cases Work
Overcoming any accident is difficult, but there aren’t many accidents that cause the same amount of carnage caused by truck accidents. Commercial trucks in Conroe weigh in excess of 80,000 pounds, so incredible damage happens when they’re a part of accidents. Since truckers receive hourly pay, they tend to work extended hours without breaks, which create more problems with concentration and alertness, plus additional accidents, injuries, damaged property and the occasional death.
Over our two decades in practice, the Conroe truck accident lawyers at ———————- have been working personal injury litigation concerning trucks, and we realize that victims have a multitude of medical and legal questions they’re seeking answers for after they’ve been hurt or had a family member die in a Conroe truck accident. What’s key here is making sure you’ve looked at by a physician after your accident happens. You’re not just needing help for your injuries, but also to make sure they’re officially recorded. If you have no medical insurance at the moment or barely have insurance, we can help you discover a doctor who will help you with your financial issues and develop a payment plan that will go along with your budget.
After your injuries have been examined, you need to start thinking about your legal options in getting the compensation for the injuries you’ve incurred. The law doesn’t require that negligent parties have to instantly pay for your injuries. The victim, also referred to as the plaintiff, has the duty to show they deserve to be compensated. Only an experienced Conroe truck accident lawyer provides you with the best odds of obtaining the compensation you deserve. Before anything else, our Conroe attorneys want to see to it you know about your legal options so you can make the best choices for your family. First, we want to discuss the different parts of truck accident law:
Why you should file a suit.
People who are often liable for truck accidents.
Requirements for a quick and top-notch investigation.
Challenges that will destroy the claims of people who want to self represent.
How a Conroe truck accident lawyer can help you.
This article is meant to provide insight, and you shouldn’t use it as a replacement for the legal wisdom obtained from a skilled, veteran lawyer when it comes to your case. To discover how the law matters in your particular case, call us toll free today at 1-855-392-0000 to obtain answers for your particular questions.Why You Should File a Truck Accident Injury Lawsuit
Our Conroe lawyers know about the incredible emotional and physical trauma caused by Conroe truck accidents. Because of our time devoted to this field, we’ve discovered that the majority of truck accident victims are nervous about seeking legal action because they don’t like the idea of putting a price on their injuries and this mess causes them to think back to that awful memory. Filing a claim may be a tough, stressful experience, but we’ll see later in this piece that swift action is necessary to your claim being successful so you have to take quick action after the accident unfolds.Did You Know?
Michael Grossman has been fighting for 18 wheeler accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000
Using a lawsuit to deal with the harm caused by a Conroe truck accident achieves two objectives: the first is that it allows the injured victim to recover from the financial and emotional stress caused by the accident and also punish those responsible for these problems with their negligent choices.No sum of money can take away the pain created by your accident or overlook the harm caused to you mentally, but the fact is that you’ll still have serious financial issues to deal with. The only way your family will return to normal after horrific wrecks like these is to get compensation from who’s responsible. Odds are you’ve missed work due to your injuries, so dealing with medical bills for your injuries and repair costs for your car can be difficult unless you’re aware of who exactly was responsible for your injuries.
The other objective is that a truck accident lawsuit in Conroe has the chance to decrease continued negligence by seeing to it those people who caused your accident face justice. People who have lots huge amounts of money in Conroe truck accident lawsuits usually won’t make the same decisions again. To make sure you get someone’s attention, you have to hit their bank account.Common Negligent Causes of Truck Accidents
If you’re trying to figure out who you should sue, the first step is determining how the accident took place and who was accountable. Lots of people play a part in transporting goods by a big rig, so in many Conroe truck accident cases for example, more than one person or business may have acted in a negligent fashion that led to or played a part in a Conroe truck accident. An experienced Conroe truck accident lawyer can turn to their years of experience gained through all their litigation of truck accident claims to properly figure out how your accident happened and who all played a part in it. Any amount of negligent parties could have factored into your Conroe truck accident: the truck driver, the trucking company, manufacturers of the truck or trailer, the company that maps the truck’s route, the company that loaded the cargo onto the truck and other possible third parties. For instance:Truckers – Truckers spend loads of hours, traveling throughout our highways and interstates and in most Conroe truck accident cases, they are usually responsible either completely or partially for the resulting injuries. Truckers can create accidents by acting in negligent ways such as: driving under the influence, speeding, disregarding stop signs, or dangerous swerving. Other times, Conroe truck accidents occur due to the driver simply being drained. Federal law requires that trucks take mandatory rest breaks, but the majority of truckers ignore that so that can meet certain specific company deadlines. Studies show that trucks increase their chances of being a part of an accident after eight consecutive hours of driving and 20 percent of truckers say they fell asleep more than once in the month before they participated in a survey. It could have been an accident, or intentionally, but either way – if a trucker’s negligence resulted in an accident that harmed you, then you can pursue a lawsuit against that individual.
Trucking Companies – Texas follows what’s known as respondeat superior, which means that employers can be ruled responsible for the actions of their workers. If the truck driver’s negligence was the cause of your accident, then the trucking company could also wind up being responsible. So if a truck driver, for example, had several prior DUI convictions and was liable for another accident while smashed, then the trucking company would definitely be responsible for any injuries stemming from the accident.
It’s important to realize the trucking company doesn’t have to behave negligent to be ruled responsible for the poor actions of its truck drivers. So, as long as the truck driver is deemed negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want damages from due to their access to far more assets.
Manufacturers – Trucks and trailers are constructed by tons of tiny parts, all bolted and fit together to make sure the vehicle moves safely. If any of these parts doesn’t perform like they’re supposed to while the truck is operating, then an accident can occur. If this issue was because of a design defect or manufacturing error and an accident takes place, then anyone hurt in the accident has the option to be compensated by the manufacturer.
The Company that Planned the Route – Many times, the company that makes the cargo has no problem with the loading, but there are occasions when other businesses assume that responsibility. If the company that loaded the cargo did so in a poor manner, this can lead to an accident create injuries that the company would be responsible for. Cargo in 18-wheelers is limited to an 80,000 pound weight limit, but many businesses attempt to transport additional goods at a lower cost by disregarding this rule. Weight limits are established for a purpose because an overloaded truck has a far greater potential to topple when an accident happens.
When the company loading the cargo onto the trailer doesn’t fasten it down right, the cargo can become loose during travel, causing a load shift that overturns the trailer and leads to an accident with other vehicles. When you’re talking about flatbeds, cargo that’s loaded bad can crash onto the road and cause sudden panic for numerous unsuspecting drivers who are driving behind the truck.
Other Drivers – It’s dangerous to think that since another truck was part of an accident that that means the trucker or the actual truck was responsible. Sometimes other drivers ignore their duty to keep other drivers safe on the road, and a Conroe truck accident suddenly unfolds, causing further damage and injuries to more drivers. When this happens, the victims can pursue damage from this third party.
Any of these parties or combinations of numerous ones could have partially or totally been responsible for the Conroe truck accident that harmed you. You need the help of a qualified Conroe truck accident lawyer who can figure out the cause and off the key defendants, so you can receive the compensation you’re rightfully owed from all the key parties who hurt you with their negligence.Prompt Investigation Is Key
If you want to get all the important evidence to identify all the key parties and prove your case properly after being hurt in a Conroe truck accident, then it’s important to do a quick and first-rate investigation. Numerous parties could have played a part in the wreck that injured you, so a diligent investigation will be done to figure out who’s at fault and their specific degree of negligence. It’s essential to locate proof to make the jury be swayed in your favor and rule for you, and evidence begins to disappear promptly after an accident. You need to have your Conroe truck accident lawyer searching for evidence immediately if you can. Every day you hesitate and don’t get a trustworthy lawyer the more permanent damage you’re inflicting on your case because the proof you want is disappearing – witnesses can relocate or their memories become fuzzy, videos will be copied over or deleted and the accident scene will evolve as well.
Our Conroe truck accident lawyers at ———————- have invested two decades in become experts at how to investigate accident scenes. Once we’re hired we go to the accident, free of charge to clients, so we can look for any evidence that strengthens our client’s case. We do what’s needed to discover the truth – securing and searching for all the mandatory vehicles, getting photos, searching for video evidence, scouring police records, taking measurements between skid marks and where the vehicles collided, conducting forensic tests, spotting and talking to witnesses and getting any other credible evidence that can be used later in court.
You need to understand you’re probably already well behind the case and investigation that’s been done by the defense. What happens is generally the trucking or insurance company quickly sends their investigators to the accident scene not long after the trucker phones it in. The defense investigators aren’t concerned with how the accident happened; they just want evidence that backs up that your injuries were a result of your own negligence. If you don’t have your Conroe truck accident attorneys at the scene undertaking their own investigation, you’ll not be able to see if there was any evidence tampering or if the defense’s investigation was done in an honest manner. If they can locate evidence that proves your negligence, then they can reject your insurance claim if they can show you were completely at fault, or have the damages lessened if they can show your negligence was a contributing factor.
One case we recently handled in Conroe illustrates why you need to do a speedy and thorough investigation. In this matter, our firm was hired by the driver of an SUV after he was a part of a night time accident involving an 18-wheeler. The trucking company was trying to say our client had no headlights installed in his vehicle when the accident happened. Once we began working the case, our client’s totaled car had been removed from the accident scene and towed to a nearby salvage yard. When our Conroe attorneys located the car at the junkyard, they saw it definitely had no headlights. We were concerned about our client being able to get any compensation, but at that moment our investigators saw a surveillance system in the salvage yard and managed to secure some video footage. We were fortunate, because this exact system was designed to record over its memory every 48 hours and we managed to get our hands on it before it was erased. The video revealed a worker from the trucking company coming in late at night, then illegally taking the headlights out of the car and leaving the premises with them. Once the trial started and the trucking company’s defense council attempted to say our client’s car had no intact headlights, we had physical evidence that serve as proof of the deception taking place and managed to get compensation for our client. If our client had waited much longer to hire us, the video would have been missing, the chances of receiving restitution would have ended and the trucking company would have managed to get away with felonious evidence tampering.
Our Conroe attorneys regularly encounter such lies and deception when it comes to Conroe truck accident cases, so you need to hire a lawyer and let them begin a speedy and thorough investigation as fast as possible. Sometimes there’s still a chance for our investigators to find the necessary proof well after an accident occurred, but the faster we can start an investigation, the better odds we have of securing the proof needed to get the compensation you deserve. Don’t hesitate any longer in discussing your case with a Conroe truck accident lawyer.Common Obstacles Plaintiffs Must Overcome
You may have filed an insurance claim after your everyday car wreck, but that doesn’t instantly qualify you to work a truck accident lawsuit by yourself. Trucking insurance policies are deemed 50 times more expensive than a normal auto insurance policy. Due to the enormity of these insurance policies, litigation to handle Conroe truck accidents is way more complex than what you’ll find in normal passenger car cases. Plaintiffs who attempt to save money on lawyer’s fees by handling their own case eventually cost themselves financially with lessened or totally denied compensation. People with no legal experience and lawyers fresh out of school wind up confused and puzzled when they attempt to file lawsuits following truck accidents because of many factors: showing the burden of proof, the huge size of insurance policies, companies that choose to self insure and truckers who lie.Burden of Proof
Defendants don’t have to immediately pay you a dime after you’ve been injured in a Conroe truck accident, the law states, unless you as the plaintiff are able to prove they need to.If you want to get the fair restitution you deserve for your injuries, you’ll have to submit rock solid, credible evidence. Even when other types of negotiation are used to deal with a claim, evidence still needs to be submitted so the defense or insurance will work in good faith. You’ll have to show each of these four elements in a Conroe trucking accident case:Duty – The first part of this long arduous process is having to show the defendant owed you a duty to maintain your safety by acting appropriately. The legal duty of care is set for certain issues and for each person – all based on the specifics of their relationships. In Conroe truck accident cases, showing this element is pretty easy, since every motorist has to operate their vehicle in a fashion that appropriately makes sure other drivers are kept safe, along with pedestrians and passengers on the road.
Breach – The next step if you’re hoping to prove your case is that you’ve got to show the defendant or defendants violated the duty of care you were owed. This happens when the defendant endangers others with actions that regular people wouldn’t have done, or inaction when regular people would be expected to take action. You’ll have to obtain evidence that proves the defendant ignored his or her legal duty of care through action or remaining inactive in hopes of proving this breach of duty happened. That’s why you’ll need a Conroe truck accident lawyer who knows how to use the evidence to properly persuade a jury that the defendant or defendants acted wrongly.
Causation – Along with being able to prove the defendant’s breach of a legal duty, you’ll also have to show your injuries were a result of this duty being broken. Keep in mind that several parties could have played a role or been completely responsible for a Conroe trucking accident, so it requires very solid, credible evidence to persuade a jury that a causal relationship existed between the defendant’s breach of their obligation to you and the resulting harm you sustained. If you can’t do this, then what will happen is the defendant will rip your case apart by moving the blame over to another individual for your injuries. Many times, the defendants tend to avoid blame by shifting attention to the victim for creating their own injuries with their negligence.
Damages – Once the first three parts have been established for a successful Conroe truck accident lawsuit, you finally have to show the damages the defendant owed for the injuries you’ve sustained. In the legal world, damages aren’t about your injuries and your property damages. Damages, in this case, refer to the compensation owed by the defendant due to the harm they’ve created. The plaintiff can pursue damages for medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses that happened in the Conroe accident.
The challenging issue here is that you can’t just ask for compensation you feel you deserve from the court and assume you’re entitled to it. No, you’ve got to show evidence that doesn’t just include your losses, but also how you compiled the monetary value of those damages. Many times, defendants will contest the total amount of compensation the plaintiff is requesting and will come back with their own amount of damages owed that will shrink the monetary value of harm incurred by the plaintiff. If you hope to show the defendant attempted to short-change their damages, you have to provide inarguable proof that your numbers are spot on.
What is the true value of my case? Damages like pain and suffering or loss of earning capacity can wind up being subjective and open for debate, which means that damages can be very complicated for inexperienced people to deal with. It’s difficult compiling a price for issues like pain and suffering or determining lost earning capacity by including the potential value for raises and inflation. In court, you’ll only have one opportunity to total the amount of compensation you’re after. For the past 20 years, our Conroe truck accident lawyers have been totaling damages, and we have gained plenty of comfort by litigating cases similar to yours and we know how to include all your losses and come to an estimation of compensation that adequately provides restitution you’re after.
If you’re unable to show any of these four elements, you can guarantee yourself that you won’t receive the compensation you’re seeking for the injuries you’ve sustained. You need the help of Conroe truck accident lawyers – definitely if you head to trial. All the years of litigating truck accident cases has allowed our lawyers to discover how to build a strong legal strategy to meet the burdens of proof and convince a jury to rule for you.Enormous Insurance Policies
Federal regulations demand that trucking companies secure enormous insurance policies to guard against accidents, injuries and fatalities that happen because of doing business with big rigs. For this reason, lots of people incorrectly think they’ll be able to receive quick compensation and not deal with more problems. Many times that just doesn’t occur. Since insurance policies for trucks are deemed 50 times more expensive than those pertaining to regular vehicles, the insurance companies will usually spend 50 times more resources and energy to safeguard those policies for their trucks.
With all that’s at stake, insurance companies resort to help from their most qualified and savviest insurance adjusters to handle these settlement negotiations. You’ve probably never had to work Conroe truck accident claims, but these adjusters are the elite in their world and deal with these claims on a consistent basis. There’s no one on their level when it comes to taking an accident victim, and manipulating them when they’re in a state of shock. Keep in mind, these victims are quick to trust their friendly local insurance agents. These insurance agents give off a fake friendship and try to get the victim to believe they just want to assist them with getting compensation. First off, though, they’ve got to answer some simple questions. The fact is they don’t want to assist them; they just want to improve company profits and turn down their claim. Next, they bombard you with nonstop questions that simply re-word the same statements, non-stop, in hopes of getting you to screw up and confess you were at fault for your own accident. If they can achieve this, then they can get your claim turned down. The less communication you have with the insurance adjuster, the better, so hire a veteran Conroe truck accident lawyer and allow your legal counsel to deal with those belligerent questions from insurance adjusters. We attempt to always advise clients that you shouldn’t interact with workers from an insurance company without any lawyer there serving as a buffer. If you hire our firm, our lawyers will assume control of all conversations involving the insurance company and safeguard you from any opportunity for you to admit any wrongdoing.
Sometimes aggressive adjusters will even try to get accident victims to void their right to sue, and as a result will provide them with a paltry settlement offer. It’s good to not want to be involved with the pain and unknowns that come with a jury trial, but you also don’t want to take an offer that doesn’t adequately assist you for the harm you’ve sustained. Only a Conroe lawyer with years of success can make the insurance policy provide an honest settlement, because they’re worried about losing more money in trial.
The insurance company will also attempt to dodge liability for your injuries by employing a talented defense team that will attempt to locate legal loopholes and procedural obstacles that will cause inexperienced plaintiffs to hurt their own chances of obtaining compensation. You need a qualified Conroe truck accident lawyer who can fight back against the attacks developed by the defense team. Our Conroe lawyers have been granted millions of dollars from every well-known insurance company around the nation, and we’ve discovered how to figure out what they may try and do.Self-Insured Companies can Be More Treacherous
When they don’t buy regular insurance policies, some trucking companies choose to set aside a portion to devote to for insurance when accidents occur. The federal government is regulated by the insurance agency, which states that all businesses must be registered, adjusters get licenses and ethical standards be adhered to. Self-insured businesses, however, don’t encounter the same rules and guidelines. Because of that, self-insured companies have gained an unfavorable reputation for behaving improperly and causing problems for negotiations. When you deal with one of these companies and are attempting to negotiate a settlement, you’ll have to work with an official from the company. When you realize this work probably gets some of their income from a type of profit sharing, they have more than enough motivation to get your claim rejected. This worker would be basically providing you with some of their paycheck if they allowed you to get the fair restitution you deserve. With their paycheck on the line, self-insured companies will make sure their interests are more considered than the victims’ and won’t hesitate to use such actions as bullying witnesses, evidence tampering or even threatening victims.
If a self-insured company has attempted to bully you or harass you somehow, then you can make sure this stops with the assistance of a Conroe truck accident lawyer. The second we’re retained, our lawyers can get the self-insured companies to work in good faith the threat of legal action.Truckers Can’t Be Trusted
We always want to believe that people are honest and forthright, but the truckers who harm you with their negligence have plenty of reason to choose to lie. If a trucker has been deemed to have harmed others while driving in a negligent fashion, then they will likely be pink-slipped in no time, if they haven’t been fired already. Moreover, a negligent trucker will discover that it’s virtually impossible to land another job with such an awful black mark like that on their record. When you consider the job market and state of the economy, many basic upstanding and honest truckers will resort to lying to protect their jobs and managed to take care of their families. To get the compensation you want, you’ll have to prove the trucker was engaged in lying.
Our Conroe truck accident lawyers have grown in investigating and finding the pertinent evidence in spotting the trucker’s unethical behavior. We will take apart the trucker’s credibility with all the key evidence that will destroy his or her lies.
In the same fashion that insurance adjusters will try to influence victims into confessing their own negligence with incessant questions, our Conroe truck accident attorneys will form a series of questions for the deposition with the purpose of making the trucker slip up and admit their own lie. The Conroe truck accident lawyers at ———————- have deposed several thousand witnesses during the last 20 years, and we know how to develop the proper questions to show exactly what the trucker is trying to do.How We Can Help
If you’ve been harmed or a family member has died in a truck accident in Conroe, you need to hire a Conroe truck accident lawyer to guard your legal rights and give you assistance for the help you deserve. From the first steps in the process to when the final resolution is announced, our lawyers handle every facet involved in your case and we’ll make sure you’re kept abreast about the latest developments when they happen. We’ll also provide the following:
Chances are the defense has already concluded its investigation and concluded its case against you. By hesitating in obtaining a lawyer, you are creating tremendous damage to your ability in receiving the restitution you’re owed. Call us today at 1-855-392-0000 (toll free) for a free consultation and to discover how we can help you like countless other Texans. Some of Our Most Recent Successful Cases$100,000.00 Recovery – Motorcycle Accident (Broken Femur)(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.