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8 Reasons to Hire an Experienced Truck Accident Lawyer

by | Dec 8, 2021 | Personal Injury, Truck Accidents |

Almost 16 million trucks annually travel United States roads. The size, weight, and limited maneuverability of these vehicles only increase the risk of San Antonio accidents – especially when you’re in a small or mid-sized passenger car. If you’ve sustained injuries after colliding with a truck, you should call a truck accident lawyer as soon as possible. Doing so will help protect your legal rights and set you on a path for the future.

8 Reasons to Hire an Experienced Truck Accident Lawyer in San Antonio

1. Identify the Liable Party or Parties

Most car accidents are pretty straightforward when determining liability. In a truck accident, however, proving liability can be far more complex. Multiple parties often share responsibility, including the trucking company, driver, and others. Your case can become messy when liability must be apportioned to different parties, but doing so is key to proceeding with insurance claims.

Let’s say one of the responsible parties gets overlooked. You realize this only after exceeding San Antonio’s two-year statute of limitations (this statute applies to all of Texas) and have now lost the chance to seek fair compensation. An experienced attorney, however, will thoroughly review the facts of your case, collect and sort through evidence, and pursue redress from all at-fault parties.

2. Develop the Right Legal Strategy

Some accident victims think they will save money by representing themselves in a legal case. Just the opposite, however, is true. Each case demands a well-developed strategy that helps recover damages. Texas courts allow victims to pursue economic, non-economic, and (in rare cases) punitive damages. Without the right strategy and representation, you may be forced to accept a settlement offer much lower than you deserve.

To better understand the dynamic that a lawyer can provide, it’s important to know the differences between economic and non-economic damages. The former include losses that can be easily calculated, such as medical expenses, lost income, and property damage. Non-economic damages include losses that don’t have definitive price tags like:

  • Physical impairment
  • Physical pain
  • Mental anguish
  • Disfigurement, such as scarring
  • Permanent disability

An Ally in Your Corner

A lawyer can sit down, assess your case, and attach an appropriate monetary figure to your claim. This means coordinating with your medical team to understand the full extent of your injuries. An attorney will also estimate the cost of your future treatment and include it in the value of your case.

Attempting to do this by yourself is difficult at best. Studies show that accident victims are more likely to receive higher settlements simply by having an attorney represent them.

3. Protect Your Rights

Let’s talk candidly about insurance companies for a moment. They work to make money, meaning they’re none too eager to pay out large settlement checks. Adjusters are well-known for making low-ball offers, using victims’ statements against them, and even denying claims. They may sound friendly and helpful enough over the phone, but they rarely have your best interests at heart.

An experienced truck accident lawyer can help you make an honest, concise statement when the time is right – without jeopardizing your case. They can also handle crucial details of your case, including the presentation of evidence and ongoing negotiations with the adjuster. In short, an attorney can help position your case so the insurance company takes it seriously.

4. Negotiate a Fair Settlement

We’ve already mentioned the words fair settlement multiple times, but it’s an important topic that deserves a more in-depth conversation. No attorney can guarantee a specific outcome, and each case varies widely based on individual facts and circumstances. But an attorney offers the best chance possible at receiving a fair settlement. They know the laws and how to effectively communicate with adjusters.

Equally important, an attorney can maximize your financial recovery by considering the entirety of your case. This includes calculating the economic and non-economic damages we mentioned earlier. The word negotiation lends a deceptively simple quality to the legal process. The back and forth discussions that occur between an attorney and insurance provider, however, are in fact quite complex. And the right attorney won’t settle for less than you deserve.

5. Deal with the Insurance Companies

The previous point leads us to this one: throughout your case, it may at times seem like the odds are stacked against you. From knowing when to give a statement to dealing with delay tactics, the road from case filing to settlement can be arduous. No textbook, Internet search, or class can provide the knowledge you need to be truly effective.
This is where a strong legal strategy can prove most beneficial. A truck accident lawyer who has handled many previous cases can force the insurance company to understand no shortcuts exist. And they remove the burden of managing a lawsuit from your shoulders. You’re already stressed and injured from the accident. You don’t need to compound the situation by trying to represent yourself.

6. Navigate the Rules and Regulations of the Trucking Industry

The trucking industry is governed by federal and state regulations that most passenger vehicle drivers aren’t aware of. Truck drivers and trucking companies alike must equally conform to strict standards established by the Federal Motor Carrier Safety Administration (FMCSA) concerning:
  • Truck weight
  • Hours on the road
  • Cargo loaded

Thanks to a deep understanding of these rules, your attorney may be able to discover violations on the part of the trucking company, supervisor, or driver. This discovery can be used to support your claim and even increase the value of your case. The more violations that get discovered, the greater the likelihood of proving liability. Your case may suddenly transition from an uphill battle to one that can be more quickly and favorably settled.

7. Preserve Crucial Evidence

It’s critical you act quickly in the aftermath of a truck accident to preserve evidence like safety records, dispatch information, and driver logs. Even electronic data from the truck itself must be saved for future analysis. An experienced attorney can help ensure this data remains fresh and intact. Otherwise, it may get lost, meaning your case becomes that much more difficult to substantiate.

As we mentioned earlier, multiple parties may be held liable for the accident. These include cargo owners, the truck manufacturer, and the trucking company – in addition to others. Your attorney will use all available evidence to determine liability and file the appropriate claim. That evidence includes:

  • Witness statements
  • The truck driver’s background
  • Previous vehicle inspections
  • The trucking company’s insurance information

8. Explain the Legal Process

Filing a lawsuit is no easy task. Paperwork must be accurately completed, deadlines must be met, and details must be meticulously documented. On top of these tasks are the ongoing conversations with medical providers and insurance adjusters – not to mention meeting with expert witnesses and safeguarding evidence. Each of these components must receive equal attention, or you may lose your right to fight for compensation.

An attorney can handle these numerous tasks and explain each to you. It’s crucial you understand the legal process so you can retain some degree of control in choosing when to accept a settlement or when to proceed to court.

An experienced attorney in San Antonio can provide the knowledge necessary to overcome challenges in a truck accident case. From identifying the liable parties to dealing with the insurance company, a lawyer will steadfastly protect your rights and fight for fair compensation. Receive the help you need by contacting Gamez Law Firm today.