Semi-truck accidents are among the most devastating types of motor vehicle collisions. Passenger cars and motorcycles are no match for the size and weight of a semi-truck. When smaller vehicles are involved in accidents with semi-trucks, the most common outcomes are severe injuries or fatalities.
If you or a loved one were recently involved in an accident with a semi-truck you understand the difficulties that accompany the aftermath of these collisions. From handling a complicated physical and psychological recovery process to dealing with insurance claims, the stress can be overwhelming.
Hiring an attorney can alleviate some of this stress by providing experienced counsel throughout the process of seeking recovery for your losses. The attorneys at Shaw Cowart LLP work with San Marcos residents injured in semi-truck accidents. We can assist you in understanding your unique claim and the legal options available to receive full and fair compensation for your loss. Contact us today for a free and confidential evaluation of your claim.
Establishing Liability
To recover after a semi-truck accident, plaintiffs must establish legal liability by showing the defendant was negligent. This means showing the following elements are met:
Duty
The defendant owes the plaintiff a duty to behave a certain way. All motorists owe each other a duty to use reasonable care when driving. This includes obeying traffic laws, paying attention, and avoiding distractions.
Breach
The defendant failed to do his or her duty. This could involve breaking traffic laws, failing to pay attention, or engaging in distracted driving.
Causation
The plaintiff’s injuries were caused by the defendant’s breach of duty. For example, if a defendant runs a red light and hits a plaintiff who was driving through the intersection, the plaintiff can establish the act of running the red light caused his or her injuries.
Damages
The plaintiff must be able to show he or she suffered actual harm that can be compensated.
Of course, no one wants to fight to establish legal liability, most would prefer to avoid car accidents altogether. However, although all car accidents are unfortunate, semi-truck collisions are especially likely to result in severe physical injuries and significant property damage. While motorists cannot reduce the risk of semi-truck accidents to zero, incorporating the following tips into daily driving habits can help reduce the risks of facing the stress that comes with a semi-truck accident.
What if a Semi-Truck Hits My Car?
There is no way to remove the risk of a semi-truck accident from driving, it is an inherent risk of using public roads. However, navigating the aftermath of a semi-truck accident is particularly challenging because the injuries parties sustain are often severe. Individuals face the difficulties associated with a myriad of stressors, such as financial problems from the inability to work, and the complications that accompany physical and psychological recovery.
Although experiencing a semi-truck accident is shocking, following these simple guidelines can help you take control of your circumstances and move you in the direction of making a full recovery.
Do
- Call the police. Immediately calling the police is generally the next best step after being involved in a car accident. In Texas, individuals involved in car accidents resulting in physical injuries, death, or severe vehicle damage, are required by law to notify local police “immediately by the quickest means of communication”.
- Get medical care. It is important to immediately address any potential injuries. However, keep in mind that some injuries may take days, or even weeks, to manifest. Because of this, it is best to plan to monitor your symptoms and make several visits to your doctor to ensure you connect any injuries you sustain to the accident.
- Consult an attorney. Navigating insurance alone is stressful and may result in less than recovering the full compensation you deserve. Contact an attorney quickly after your accident to understand your legal options. An experienced lawyer will investigate your accident and advocate on your behalf for full and fair compensation for your losses.
- Preserve documents. Preserving a copy of all documents related to your case will provide important evidence to substantiate your claim. Keep accident reports, police reports, witness information, medical records/bills, and insurance claim information in an organized format that is easy to access. This will help you and your attorney to evaluate your claim and determine the best path forward for your case.
Don’t
- Settle quickly. Do not accept an insurance settlement before contacting an attorney. Insurance companies do not work for your best interest. You are entitled to receive full compensation for your loss. Evaluating any insurance settlement with an attorney will ensure your rights are protected.
- Skip medical visits. Don’t skip seeking medical care. Don’t assume you are OK. It is better to check with physicians to ensure any injuries you sustained are well documented. This will facilitate a smoother insurance process.
- Represent yourself. It is not advisable to handle the insurance process alone. After a semi-truck accident, your focus should be on recovering from injuries, not handling the stress of insurance. Additionally, working with an experienced attorney from the initiation of the case until the claim is closed makes it easier for your attorney to advocate on your behalf.
Call Shaw Cowart LLP For a FREE CONSULTATION
If you or a loved one are struggling to handle the challenges that come after sustaining injuries in a semi-truck accident, you do not have to navigate the difficult time alone.
When insurance encourages you to settle for less than you deserve you need someone in your corner who knows your worth.
Shaw Cowart LLP routinely handles claims for San Marcos residents who have sustained severe injuries in collisions with semi-trucks. Our passionate attorneys can advocate on your behalf by assisting in investigating your claims, walking you through your legal options, and fighting for your right to receive full and fair compensation for the losses you have sustained.
Don’t let injuries keep you down. Contact Shaw Cowart today for a free and confidential evaluation of your claim.