According to the FMCSA, the most common cause of truck accidents is mechanical failure.
San Antonio, TX – Contrary to common belief, in most truck accidents it’s not the trucker who is to blame. People are quick to assume that truckers are intoxicated or aggressive and this leads to the high number of truck accidents we have in Texas. However, statistics say otherwise.
According to the FMCSA, the most common cause of truck accidents is mechanical failure. Tire defects, for instance, account for approximately 30% of all collisions involving a commercial vehicle, followed by defective brakes and steering wheel problems.
Determining the exact cause of the crash is crucial in this type of crash as you need to know who’s liable for your damages, which are often considerable. To make sure that those responsible for your injuries pay for what they did to you, you must contact the best San Antonio truck accident lawyers you can find.
How is liability determined in a truck accident?
If a fully-loaded truck has a blown tire, the trucker will almost certainly lose control of the vehicle. A really experienced trucker may be able to pull the semi to the shoulder of the highway, but a less experienced driver will panic and, in most cases, he won’t be able to avoid a collision.
When that happens, everyone will point the finger at the trucker. Victims and eyewitnesses alike will blame the trucker for veering into the other line and slamming into the passenger car, but is it really the trucker’s fault?
The police report may indicate that the trucker was somewhat to blame for what happened, but your San Antonio accident lawyers will ignore the driver and go after his employer.
Under FMCSA regulations, trucking companies must make sure their vehicles are roadworthy. This includes providing regular maintenance, rigorous inspection before every trip, and checking out every complaint the trucker makes at the end of a trip.
A trucker knows his truck better than anyone else. He may report that, in his opinion, the tires need changing, but in many cases, his bosses will disagree as this costs a lot of money.
What can the driver do? Refuse to go on another trip? He risks being fired on the spot. Report his employer to the FMCSA? He risks being fired and never finding another job in the industry.
When can I sue the trucking company?
If you lose someone in a truck accident, you won’t care why the trucker went on the road knowing one of the tires may blow out at any moment. It is irresponsible behavior as truckers are required to inspect their vehicles before going on the road.
The trucker may face criminal charges, but your attorneys won’t allow the trucking company to get away with it. Their conduct was equally irresponsible and they must pay for that.
Your lawyers will accuse the trucking company of negligence and file a claim with their insurer. Getting damages won’t be easy as trucking companies have teams of lawyers always on standby. Their lawyers will try to minimize the company’s share of the blame and look at ways of reducing your damages.
Negotiations will be lengthy and quite tense and it’s best to leave this task to seasoned lawyers with many years of experience in this field.
The good news is that most truck accident claims are settled out of court and only the most difficult cases go to trial.