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Who is Liable for Damages in a San Antonio Truck Accident?
March 31st, 2022
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News & Politics
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4 minute read
Who is Liable for Damages in a San Antonio Truck Accident?
San Antonio, TX - Texas is the state with the highest number of truck accidents in the country. According to a recent report by the Federal Motor Carrier Safety Administration (FMCSA), in 2017, 649 people were killed and several thousand injured in truck crashes in Texas, the highest number in the decade. Statistics show that most truck accidents occur around large urban areas, such as San Antonio. The most dangerous roads in the San Antonio area are Interstate 10 (I-10), Farm to Market 2252 (FM 2252), Interstate 35 (I-35), Interstate 410 (I-410), and U.S. Route 90 (US 90). If you sustain severe injuries, as it often happens in truck accidents, you will be wondering who will be paying for damages. This is a question only seasoned San Antonio truck accident lawyers can answer. Each case is unique and your lawyers will have to investigate your accident to determine who is liable for damages. The conclusions in the police report may indicate who is responsible, but your attorneys may need to conduct an independent investigation to understand whether there were underlying factors that contributed to the accident. This is more than a mere technicality, it’s a crucial step in the recovery process because, when you have a large claim, you want to know all the sources where that money might come from. Let’s have a look at who may be held accountable in a truck accident and keep in mind that in this type of crash you may have more than one party that is responsible for damages.The truckerAccording to the FMCSA report, speeding, distraction (cell phone use, eating, lost in thought) and failure to yield the right of way are the most common causes of truck accidents in Texas. If that is the case in your accident, you will have to file a claim against the trucker’s insurance, but, unfortunately, most commercial drivers only carry minimum liability coverage (around $25,000) and this may not be enough to cover your damages.The trucking companyDriver fatigue is another common cause of truck accidents in Texas and you may be able to build a case against the trucking company if they failed to monitor the driver’s activity or encouraged him to ignore federal Hours of Service regulations. According to the HoS, a commercial driver cannot drive for more than 11 hours straight and has to take a 10-hour break after each shift.
Aerial view of loading dock full of trucks; image by Ivan Bandura, via Unsplash.com.
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