Trucking Accidents in San Antonio

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.

Insurance Coverage Matters

For the most part, before an attorney gets started in filing a claim, the availability and the total amount of insurance coverage will be a major factor in deciding whether the claim can go forward. Typical insurance issues people with serious injuries face are: 1) no insurance coverage (Uninsured motorists), 2) insufficient insurance coverage (underinsured Driver), or 3) Denial of claims, Bad Faith/Tough/Difficult Insurance Companies.

Our law firm The Baez Law Firm, P.C. specializes in providing our clients with the best representation through Texas in relation to car accidents. Our firm will handle your claim from beginning to end. Now, a further explanation of policies are in order.

1) Uninsured Driver. In many cases the driver who is legally responsible for the accident has absolutely no insurance of any kind. In these circumstances it is usually extremely difficult for a person who is injured in the crash to get anything close to appropriate compensation. If the injuries are catastrophic or fatal an attorney will hire an investigator to look for other parties responsible- other insurance "umbrella" policies, related homeowners owners or family members, companies etc but they often come up empty and the the injured person has no way to recover any damages. Because there are so many uninsured drivers you should always buy "uninsured motorist coverage" under your own auto insurance policy.

2) Underinsured Driver. In the event of a very serious injury or death the majority of drivers will have inadequate insurance coverage, usually the minimum required by state law often only around $20,000. This often means that the worst drivers carry the least insurance because they cannot afford the high premiums resulting from their poor driving records. You should always purchase underinsured motorist coverage if it is offered, so in the event you are injured by a another driver without proper insurance you can collect against your own insurance company.

3) Insurance Denial of Claims and Bad Faith. In order to save money insurance companies will often stretch and use imaginative arguments to deny claims. Sometimes these claims denials or defenses are so beyond being reasonable that they amount to what is called legal bad faith- when an insurance company improper fights a legitimate claims or denies one. In most cases these matters are handled through litigation in the courts.

If you have been injured in an accident, contact our law firm for a free initial consultation with one of our attorneys.

Statute of Limitations in Personal Injury Cases

After being in a car accident an injured person should hire an attorney and begin the legal process as soon as possible. Waiting will usually weaken a potential claim through loss of evidence, loss of fresh memories and disorganized paperwork and medical records and the inability of the attorney to direct the process. Waiting too long may result in the case being completely barred by the statute of limitations of the state where the accident took place.

Auto accident and its injuries

Brain injuries are more common in side impact car accidents than in rear end auto accidents. Brain damage in a car accident is often related to the quick acceleration and deceleration of the brain, which causes injury to the point of impact and its opposite point or cont recoup. Diagnosis of a brain injury may be difficult. The Baez Law Firm, P.C. handle brain injury cases as a result of a car accident and all types of personal injury cases.

Concussions are associated with traumatic brain injury as are seizures, headaches, dizziness, lack of concentration, memory loss, depression or anxiety, spinal cord injury. CT scans and MRI scans are often used to diagnosis brain injury. Neck injuries vary from whiplash, one of the most common and annoying injuries caused by car accidents, to disk injuries. Our doctors will treat you promptly and efficiently with the most up to date technology.

Whiplash is an injury frequently associated with rear end impacts. Whiplash injures the soft tissues made up of nerves, ligaments and muscles. It causes neck pain and limitation of neck and head movement effecting rotation and peripheral vision. It may be temporary or permanent and can effect all aspects of life. If whiplash lasts for more than a few days after a car accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.

Our focused practice allows the firm to advocate in its clients’ best interests and attempt to win them the money they deserve through settlement or litigation. The Baez Law Firm, P.C. has obtained millions of dollars in results over the years. Now, prior results do not guarantee a similar outcome, and cost and disbursements remain the client’s responsibility. We are ready to help.

The Baez Law Firm, P.C. is so committed to its Texas auto accident law practice that most all of its cases are accepted on a contingent fee basis, which means that there are no attorney’s fees unless you get a recovery! If you cannot come to one of the Baez Law Firm's case intake locations, we can come to you at your home or hospital!

The Baez Law Firm, P.C. focuses on car accidents and crashes, resulting in injuries, and wrongful death. The Baez Law Firm, P.C. handles Texas auto accident and car crashes that involve motorcycle accident, truck accident, bicycle accident, and pedestrian accident cases across the state of Texas. If you’ve been hurt in a car, call The Baez Law Firm, P.C.

Causes of 18 Wheeler accidents

Over the years, our attorneys have handled trucking accidents across the State. The accidents can be caused by a number of factors. In all cases, there needs to be an investigation conducted by experienced individuals. When investigating a semi-truck accident, it is important to get the right information for the case:

Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?


Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.


Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.


If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"

Surviving a car accident

Even the best defensive driving classes and split-second decisions may not prevent you from becoming the victim of a life-threatening auto accident, but like the Mercedes Benz commercial says " you need to be ready in case it happens." According to the U.S. Census Bureau, the annual number of fatal collisions hovers around 40 thousand. As a driver, you should continually educate yourself and exhibit attentiveness and self-control on the roadways so you're more prepared to survive an auto accident.

We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.

Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.

Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.

Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.

Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.

Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.

Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.

Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.

Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.

Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.

Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.

This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.

Insurance law and terminology for the state of Texas

In the state of Texas, the law mandates minimum automobile liability insurance coverage for automobiles registered in the state. This includes property damages and personal injury coverage, which we will now discuss. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident (property damage). Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident (personal injury).

Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.

Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.

Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.

Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.

When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.

The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.

The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.

If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"

Truck Accidents

Truck accident litigation involves claims against negligent truck drivers and the trucking companies who hire them. Under Federal law as well as Texas law, a driver of a large truck is considered to have an even greater standard of care than other drivers, because of the injuries that their large trucks can cause. Truck drivers break federal laws by driving while fatigued, in excess of the amount of hours they are allowed to drive, at an excessive speed, with overloaded or over sized trucks, and improperly maintained trucks.

Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.

Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.

Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.

To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.

If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."