We know that huge 18-wheeler semi-trucks on our San Antonio roads and
highways can be bothersome and quite intimidating to most automobile drivers. The nature of the truck-driving industry
itself perpetuates this commonly felt anxiety that the general public has with semi-trucks. We all are aware that these semi-trucks serve
a useful purpose; however, we are also aware that to make sufficient income, drivers
of these trucks are generally under rigid schedules and tight deadlines for
their deliveries. That is why a truck
driver may be inclined to drive too fast or to drive when overtired.
The truck driver may even be taking illegal drugs to help him/her stay
awake so that deadlines can be met. We also know that when a collision occurs between
one of these semi-trucks and an automobile, the results can be catastrophic
with substantial personal injury and increased fatalities as well as
significant damage to the automobile and its occupants. Where do you begin when you are involved in a
truck accident? Proving that the truck
driver was “negligent,” is one of the first steps in a trucking accident case.
All
Texas truck drivers have a Duty to follow the rules of the road and
state-mandated trucking laws and a Duty
to use “ordinary care” while driving a truck.
Ordinary care is that which a reasonable person of ordinary prudence
would have done under the same or similar circumstances. A Breach
of that duty, negligence, can occur
when a driver failed to follow the rules of the road, failed to follow the
trucking laws, or did not use ordinary care.
The following are just some of the types of negligent behavior which can
cause truck accidents: failure to keep a
proper lookout, inattentive driver, speeding, driving while on the phone or
texting, driving too slowly, following too closely, failing to use a turn
signal, failing to yield the right-of-way, failing to stop at a stop sign,
driving through a red light, driving impaired, such as driving fatigued or
under the influence of drugs or alcohol, driving on the wrong side of the road,
failing to control the truck, and improper truck maintenance. This list is definitely not exhaustive as
there are many other ways that a truck driver can be found to not be using
ordinary care. The next step, the Causation element, simply means that the negligent actions of the truck driver were the “proximate cause” of the other parties’ injuries. You must prove that the accident occurred because, in a natural and continuous sequence, the negligent actions of the truck driver produced the accident and without the negligent actions of the truck driver the crash would not have occurred. For example, the truck driver was driving in an impaired state such as sleep-deprived and fell asleep at the wheel. A person of ordinary care would have foreseen that a truck driver who is driving fatigued had a great potential to fall asleep while driving and thus cause an accident. In truck accident cases, however, proximate cause is rarely an issue.
Finally, you must prove the Damages. The other vehicle’s driver and/or passengers may have suffered Personal Injury (PI) damages or there may be damages to the other vehicle or both because of the truck driver’s negligence. Whichever the case, the parties involved need to seek medical attention as soon as possible and keep thorough records and receipts of all medical expenses.
If you are involved in a collision with a semi-truck, you should immediately seek The Báez Law Firm, P.C. Our San Antonio Lawyers are here to help you with your trucking accident, auto accident and personal injury in general. Give us a call (210) 979-9777 so that one of our professionals can get you in with an attorney immediately. Our consultation is free.
