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San Antonio, TX 78205
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Truck Accidents

FedEx Truck Accidents on the Rise in San Antonio - What To Do If You're Hit by a FedEx Truck

I got hit by a Fed Ex Truck, do I have a good case?

THit by a Fed Ex Truck, do I have a case?rucking and commercial vehicle accidents are generally tragic events.  When these large trucks collide with passenger cars and trucks, there is loss of life almost always involved, while those that do survive more often than not suffer from serious complications due to injuries sustained during the accident.

Among all auto accidents, truck accidents are noteworthy because of the unique legal process that’s involved in ascertaining liability and compensation. It’s also worth noting because, with their size, trucks wreak the most damage in any accident that they get involved.

One of the main reasons why trucks figure in an accident is defective brakes. Trucks, due to their sheer size do not have the stopping capability of smaller vehicles. It takes more time for their brakes to kick in and slow the vehicle to a stop. If the brakes are defective, the truck doesn’t stop in time to avoid a collision with an oncoming vehicle or with the one in front of it.

Loads that are not secured can also cause accidents on the road. While the truck itself may not be involved, heavy objects that leave the vehicle could collide with the car or motorcycle right behind the truck.

Human factor is also a major cause of truck accidents. The driver may be fatigued from the stress of interstate travel, or is working too hard in order to meet deadlines from the logistics company. This leads to wrong decisions in driving, which unfortunately include driving recklessly.

Both state and federal governments have exercised their power in an effort to curb possible truck accidents. Regulations now mandate that truck drivers don’t spend their time on the road without resting. Some states, like Texas, also have rules that impose a weight limit on cargo carried by trucks that enter its highways.

What to Do in Case of a Truck Accident 

As mentioned earlier, truck accidents are special or unique because of their nature. Their corporate work means that you can be up against the insurance company, the driver, and the shipping company when you file a compensation lawsuit in the wake of a truck accident. There are also many laws that figure in settling a personal injury lawsuit resulting from a truck accident.

Unlike auto accidents, if you’ve been injured in a trucking accident, you need to act quickly to investigate and preserve precious evidence that, if lost, can ruin your case.  That is why contacting an experienced truck accident injury law firm like Barrus Injury Lawyers is key to protecting your rights.  Our injury lawyers have the expertise to effectively analyze your case and set out a legal strategy that will help investigate, preserve evidence, and help get you the compensation that you deserve following an injury.  Call us today at (210) 593-8709 to talk with an injury attorney FREE of charge and get answers to your important questions before it’s too late.

How to Win a Fight Against an Insurance Company Over Your Injury Claim after a San Antonio Trucking Accident

Texas truck wreck attorney discusses how to win trucking accident cases.If you needed proof of how dangerous commercial heavy trucks can be on the road, you’ll probably be surprised that the average liability policy for big rigs is 50 times more expensive than your standard car insurance policy. Why? It’s because commercial trucks, with their massive size, weight, and momentum on the road, can be incredibly dangerous to ordinary motorists and pedestrians. In fact, most accidents that involve heavy trucks lead to deaths and not mere injuries alone.

Often times collisions with 18-wheeler trucks result in ordinary vehicles being crushed, with their occupants killed or at the very least, suffering severe and critical injuries. Our San Antonio injury lawyers have seen far too many cases that involve underride accidents, where the other car partially passes under the trailer of a truck.

 Insurance companies that represent commercial truck companies know the financial risks their clients face, which is why whenever they receive notice of a wrongful death or personal injury claim that could result in millions of dollars in damages, they immediately prepare an aggressive defense plan to reduce liability.

And these big insurance companies are all too aware of the high statistical probability of heavy trucks causing accidents. It’s precisely why they’ve anticipated such events with computer models detailing every possible accident scenario. They also employ experienced teams of investigators and defense experts to conduct swift and aggressive investigations when their clients’ trucks are involved in a truck wreck.

When these wrecks happen, insurance company reps are immediately on the scene to analyze the crash area and determine all possible ways to deflect liability, all while the helpless victims are still reeling from the accident, not knowing they might need the services of an accident lawyer to protect their rights and fight back.

Defense teams of insurance companies do this because of one thing: maximizing profit and reducing liability and the amount they have to pay out. They do so by finding any way to reduce the truck driver’s liability, even going as far as pinning blame on the victims. And with the state of Texas observing comparative negligence laws that allow for victims to share up to 51 percent responsibility for the accident, it’s highly likely that injured and grieving parties won’t get the compensation they deserve without an experienced truck wreck lawyer on their side. In addition, if the judge and jury find that the victim was more than 51 percent responsible for the accident, any chances of recovering damages are lost. The truck driver, the trucking company, and the insurance get away without paying a single cent.

That’s what they’re aiming for, and they’re very good at it.  Their defense attorneys have years of experience in depriving victims of fair compensation, and they have millions of dollars they have at their disposal to help them reduce, avoid, and eliminate paying victims fair compensation. 

Scare Tactics Employed by Insurance Adjusters Against Victims of Truck Accidents

 Here are just some of the many ways insurance companies can compromise your claim.

  1. To reach their goal of paying you nothing, or very little, insurance adjusters like to approach injured parties and try to get statements that can be twisted and used out of context to blame the injured party for the accident. Even the most seemingly innocent statements, when taken out of context, can be used as an admission of fault, twisted to mean almost anything.  This highlights the importance of NOT giving any kind of recorded statement to anyone prior to getting the advice of an experienced truck accident lawyer.
  2. An insurance adjuster can also try to trick you into thinking your claim has no chance of letting you recover for your damages, using so-called “facts” to bully victims into thinking that they were the ones responsible, or partially responsible, for the accident.
  3. The insurance adjuster offers a fast and convenient opt-out to rid you of your troubles: a release form. If you’re smart enough not to give in to this deception, the adjuster may move towards making a settlement offer much lower than you deserve.
  4. Accepting the settlement means releasing your legal right to file a lawsuit for damages. While settlements aren’t bad, agreeing to any offer without the guidance of an experienced personal injury lawyer can mean getting a mere fraction of your claim’s true potential value. Never accept a settlement without first getting the advice of a skilled San Antonio truck accident lawyer, who can determine your claim’s true value and help protect your rights.

 Don’t Be Foolish. Don’t Try to Represent Yourself in Personal Injury Claim Involving an 18-Wheeler Truck.

 You can be way over your head if you decide to go against trucking and and insurance companies alone. In our many years of experience going toe to toe with big insurance companies in truck accident cases, we’ve never heard of a claimant getting a successful resolution on his/her own. Although it may seem easy to establish liability in a truck accident case, in truth, these cases are very complex and involve several variables that present different outcomes in your case. You just don’t have the experience and skill to understand the legal challenges you will face in order to acquire fair financial compensation. Worse, you could end up spending more money than you need and not receive anything in the end.  All too often injured parties that try to handle these accidents on their own end up making mistakes that can completely destroy their ability to recover a penny for their injuries.  Why risk it?

 How to Win a Personal Injury Claim

Our San Antonio truck accident lawyers often refer to a checklist of do’s and don’ts to win claims and cases against trucking and insurance companies. They can collect and present evidence, talk to responders and witnesses, prepare an offensive plan, and go head to head against the trucking and insurance company.

The best advice I could give to anyone injured in a trucking accident is to take advantage of the FREE consultation that many truck accident attorneys offer, including Barrus Injury Lawyers.  The consultation is free, and could help prevent you from doing something to destroy your claim.  Click here to schedule a free consultation with one of our experienced truck wreck attorneys.

Why You Should Be Concerned With Quickly Gathering Evidence After a Truck Accident in San Antonio.

Do I need an attorney after a trucking accident caseOn average, a fully loaded commercial heavy truck weighs about 40 tons, around 25 times the weight of an ordinary car. You can only imagine the kind of damage it does to the passengers of a regular motor vehicle during a collision.

Those unlucky enough to be involved in an accident with an 18-wheeler truck often suffer from minor to serious injuries, as well as emotional trauma caused not just by the accident itself, but the financial constraints that come from recovery and having to take time away from work. In addition, funerals have to be arranged for those who passed away from the accident.

All this puts an incredible amount of strain your physical, emotional, and mental well-being, making it difficult to recover and resume your daily life.

We at Barrus Injury Lawyers know just how difficult the road to health and recovery is for individuals injured because of trucking accidents. This is why we’re committed to helping ease the burden off our clients’ shoulders, taking care of the complex legal processes involved in making a claim for personal injury and wrongful death, getting you the financial relief needed for full recovery.

Here are some factors to consider when gathering evidence to build your case.

Understand that More than One Party May Be Liable for the Accident

Knowing the parties at fault during your accident is critical to knowing who to pursue in your case. This is important, as accidents involving 18-wheller trucks are complex, with several factors involved behind the crash. If there are multiple parties involved, insurance companies will have to work with your legal counsel to distribute equal parts of the blame. It will be tricky, but with a competent lawyer, you’ll have an easier time.

The parties liable for your injuries and loss likely won’t do anything to compensate you for what happened. Only when you take the necessary steps and file a lawsuit, all while making sure every aspect of your claim is backed with evidence, can you expect to receive the compensation you’re legally entitled to.

However, providing proof is easier said than done, as it means putting a monetary value to all your injuries, trauma, and losses. There aren’t exactly any rules on putting a figure to your injuries and grief, but we still recommend playing it safe and avoiding making over-inflated claims.

This is where the services of a skilled San Antonio 18-wheeler accident lawyer will prove useful, as only someone who understands the law can put a number to injuries and fatalities resulting from truck accidents.

But even without a lawyer, it’s possible to do a preliminary investigation of the accident. You can identify parties who could be liable for the accident. These can include cargo loaders, route planners, and the trucking companies themselves.

However, if you’re recovering from injuries incurred during the accident, it’s highly unlikely you’ll have the time to do all that on your own. Again, a skilled San Antonio truck accident lawyer will prove invaluable in this situation; otherwise, you could miss an opportunity to maximize your compensation from all responsible parties.

And do note that your opponents will also conduct their own investigations, and given their resources, theirs just might be more thorough than yours. The last thing you want is for them to shift the blame to you, which is possible. We’ve seen insurance companies get away without paying deserving injured parties anything.

Turn to the Experts

 The legal team at Barrus Injury Lawyers has several years of combined experience dealing with San Antonio heavy truck accidents. This has given us in-depth knowledge on how to find, secure, document, and present solid evidence to back your personal injury or wrongful death claims. We know the best course of action to take when investigating an accident involving you and a heavy truck, and that includes getting the necessary photos and measurements of the scene in order to establish liability. For example, the specific distances between impact points and skid marks are critical to proving whether the truck driver or the injured party applied their brakes.

Small pieces of evidence such as fragments of rubber tire can be important to establishing liability, and our lawyers know how and where to get the forensic teams to investigate the scene and pin down just who was liable for the accident. We can take care of collecting reports from first responders, witnesses to the crash scene, and any videos and photographs that might have recorded the accidence. We can also analyze and if necessary, impound vehicles involved in the accident to get the necessary evidence in the case.

Swiftness and Accuracy is Key to Collecting Evidence

Acting quickly is critical to securing and preserving any evidence found at the scene of the accident and from any vehicles involved. You don’t settle for just finding any evidence. It needs to be relevant and acceptable in the court of law, preserved, and strong enough to convince a jury to support your claims. After an accident, every second that passes risks the chance of your case changing. As time passes, authorities must work quickly to clear the accident scene and get traffic flowing, something that can alter, and even destroy evidence. And with all the chaos happening, an opportunity can present itself for liable drivers to tamper with, or remove critical evidence.

Act now. Contact Barrus Injury Lawyers to get the assistance of skilled and experience accident lawyers to win your case. Call our legal team at (210) 593-8709 to set a free, no-obligation consultation, or click here to set up a free consultation.

10 Facts to Stay Safe and Protect yourself from a Truck Accident in San Antonio

Do I need an attorney if I was hit by an 18 wheeler.

texas trucking accident tipsWith more and more 18-wheeler trucks on the roadways in  San Antonio, and south Texas, it comes as no surprise why road accidents involving big rigs occur almost every day. We at Barrus Injury Lawyers have put together a list of 10 facts involving truck accidents that can help keep you safe. We hope this guide helps keep you safe and alert while on the road.

  1. Statistics from the United States National Highway Traffic Safety Administration (NHTSA) show that 12 percent of fatal traffic collisions in 2011 involved some kind of large commercial truck. It should be mentioned that more than 3,700 fatalities on U.S. roads in 2011 were attributed to tractor-trailer trucks and other similar big rigs.
  2. Between 2004 and 2008, it’s estimated that the average number of annual accidents involving tractor trailers dropped to 3,500 from a high of 5,000 average annual incidents in previous years. However, Texas still sees the highest numbers of deadly heavy truck accidents. And with Texas’ oil and gas industry continuing to grow, and San Antonio’s position as a premier port for exports and imports, it’s unlikely these accidents will decline any time soon.
  3. Big rigs hauling trailers are by far the most common type of truck behind fatal traffic incidents, accounting for more than 60 percent of collisions involving heavy trucks.
  4. Federal law mandates that heavy trucks can only carry a maximum load of 40 tons (80,000 pounds). However, we know for a fact that some trucks and the trucking companies behind them knowingly exceed this limit to deliver more goods in a single trip, all in the name of maximizing profits. However, the heavier the truck, the less maneuverable it becomes, making it hard to swerve and stop on the road. This makes it even more of a danger to motorists.
  5. The majority of deaths involving heavy trucks involve the passengers hit by trucks, and not the truck drivers and passengers. It’s estimated that at least 70 percent of fatalities are passengers and drivers in ordinary motor vehicles. Truck drivers and passengers account for 17 percent, while pedestrians and cyclists account for 11 percent of deaths.
  6. In 2011, heavy commercial trucks were involved in only 8 percent of fatal traffic collisions. However, their massive size relative to other motor vehicles has made them the culprit behind 12 percent of all traffic fatalities in the same year.
  7. For what it’s worth, big rigs rarely cause damage to property and injuries only. But that matters little, as most accidents involving them result in deaths.
  8. In 2011, over 70 percent of deadly truck accidents happened due to the truck crashed into another motor vehicle.
  9. 10 to 15 percent of tanker truck accidents involve a rollover incident
  10. While substance abuse and DUIs are rarely a factor in accidents involving heavy commercial trucks, 11 percent of wrecks are attributed to lane violations caused by reckless driving, and fatigue on the part of the driver. 6 percent of wrecks were partially caused by the driver having a lack of attention while on the road.

If you’re frequently on the road in the San Antonio, or Eagle Ford Shale area, it's important that you know your rights should you ever be involved in an accident with a large commercial truck. Know what to do when building a personal injury claim by calling the legal team at Barrus Injury Lawyers. Call us now at (210) 593-8709 to set an appointment for a free, no-obligation consultation, or click here to contact us.

References:

  • Trucks Involved in Fatal Accidents (TIFA) report from the University of Michigan Transportation Research Institute
  • Trucks involved in Fatal Accidents Factbook 2008, published by the Center for National Truck and Bus Statistics in March 2014

5 Factors Put you at Risk for Under-ride Crashes with 18-Wheeler Trucks?

 At Barrus Injury Lawyers, we always remind our clients to be cautions whenever they drive around 18-wheeler trucks in Texas, the better to protect themselves from an underride accident. Here are some crucial factors to know about underride crashes involving big rigs.

san antonio trucking accident underride injuries

1.High Ground Clearances are the Danger

Tractor-trailer trucks are designed with high ground clearances to accommodate the tremendously heavy loads (often up to 40 tons) they carry while moving across varying road conditions. However, these high clearances also allow automobiles to pass partially and even fully under the truck during a high-speed collision—an accident that can cause severe injuries, or worse, fatalities.

2. Collisions with Rear Guards

Close to 20 percent of vehicle collisions with big rigs involve impact with the rear end of the truck. Because of the potential danger of underride accidents, the federal government has required the installation rear-impact guards on all 18-wheeler trucks.

However, that hasn’t changed the incidence or severity of accidents. Several studies on automobile crashes show that rear guards do little to prevent underride incidents, simply because several rear guards don’t extend all the way to the back of the truck, while others just aren’t strong enough to prevent a car going at high speeds from slamming under the truck.

3. Side-Impact Collisions

Despite the high prevalence of side-impact collisions, many of which occur at night when drivers may find it hard to see big rigs with inadequate lights, it’s still rare to see side-impact guards on 18-wheelers. Side-impact crashes are just as dangerous and common as rear-end collisions due to the high ground clearance on large trucks.

4. Horrific Injuries

Perhaps the worst part about underride accidents involving big rigs is how they often result in the roof of an automobile being crushed or its upper compartment being completely torn away. This can lead to several different kinds of severe injuries, ranging from brain trauma, spinal and neck injuries, internal bleeding, to lacerations, amputations, and crushed limbs. And that’s if the passengers survive, as the death rate of these accidents can be very high.

5. Problems Getting Proper Compensation for Accident Injuries

The legal team at Barrus Injury Lawyers has firsthand experience dealing with trucking companies and the insurance companies that represent them, knowing how they’re actively working to reduce accident claims from injured parties. These companies employ high-profile and expensive lawyers who know how to evade the legitimate claims of injured individuals, even pinning the blame on them just to minimize the amount of money trucking and insurance companies have to award to claimants.

If you’re facing this situation, find relief by calling Barrus Legal Lawyers. Build a successful claim for wrongful death or personal injuries with the help of our legal team. Call us at (210) 593-8709 for a free, no-obligation consultation. And while you’re at it, download a FREE copy of our book, “10 Deadly Mistakes That Can Kill Your Texas Accident Claim,” to know what your rights are in these accidents.

Handling a Texas Trucking Accident Case

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