San Antonio Cargo Truck Accident Lawyer

Millions of commercial trucks travel on roads across the United States, and many are operated by drivers who are overworked, fatigued, distracted, drowsy, or otherwise negligent. When cargo truck accidents happen on San Antonio roadways, victims often face difficult battles against powerful trucking companies and insurance carriers. Do not face them alone.

Contact a San Antonio truck accident lawyer at Gamez Law Firm at (210) 736-4040 to schedule a free consultation. We can evaluate your situation and help you determine the best path forward.

What Makes Cargo Truck Accidents Different in San Antonio?

San Antonio sits at the intersection of major freight corridors, including Interstate 35 and Interstate 10, which means heavy truck traffic passes through and around the city every day.

Cargo truck accidents differ from standard car collisions in several important ways.

Massive Size and Weight Disparity

A fully loaded cargo truck can weigh as much as 80,000 pounds, compared to the roughly 4,000 pounds of an average passenger vehicle. Because of this massive size and weight disparity, occupants of smaller vehicles often suffer severe or fatal injuries when a collision occurs.

Stringent Federal Regulations

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict rules on trucking companies and drivers. Violations of hours-of-service limits, vehicle maintenance standards, or cargo securement rules can directly contribute to accidents and may establish liability.

When a cargo truck accident occurs, critical evidence must be preserved quickly. Electronic logging device (ELD) data, driver qualification files, inspection records, and dashcam footage can all disappear or be overwritten if not requested promptly. An attorney can send a spoliation letter to the trucking company to legally require that this evidence is preserved.

Complex Insurance Policies and Multiple Liability

Cargo truck accidents often involve multiple parties who may share responsibility for the incident. Multiple liability means handling multiple insurance claims for each at-fault party, adding complexity to these claims. Sorting out liability can involve any of the following:

• The truck driver
• The trucking or carrier company
• The cargo loading company
• The vehicle or parts manufacturer
• A third-party maintenance provider

Unique Cargo-Related Risks

Improperly loaded or unsecured cargo poses dangers beyond a typical traffic collision. Shifting or falling loads can cause a driver to lose control or create road hazards for other vehicles.

Improper loading and securement practices can cause cargo accidents in several ways:

• Overloaded trailers that exceed legal weight limits
• Unevenly distributed cargo that causes trailer instability
• Hazardous materials spills after a collision
• Loose freight falling onto the roadway

Specialized Accident Factors

Cargo trucks have a high center of gravity, which increases the risk of rollover accidents, especially on curves, highway ramps, and during sudden lane changes. Specialized hazards also exist, such as underride accidents, in which a smaller vehicle slides under a cargo truck’s trailer. These collisions often cause severe or fatal injuries because the roof of the passenger vehicle takes the full impact.

What Compensation Can You Recover After a Cargo Truck Accident in Texas?

Under Texas law, you are permitted to pursue compensation for the full scope of your losses after a commercial vehicle accident. The specific amount depends on the severity of your injuries and the circumstances of the collision:

• Medical expenses and future treatment costs
• Vehicle damage and rental car expenses
• Lost wages and diminished earning capacity
• Physical pain and suffering
• Emotional distress and trauma
• Loss of consortium for spouses
• Diminished quality of life
• Wrongful death damages if a loved one was killed

How Long Do You Have To File a Cargo Truck Accident Lawsuit in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of your collision to file a cargo truck accident lawsuit. Missing that deadline can permanently bar you from recovering compensation, so taking action before that window closes can protect your right to recover.

Why Trust Gamez Law Firm to Fight for Your Rights?

At Gamez Law Firm, our mission has always been to help our neighbors and friends right here in San Antonio recover after a serious accident. With more than 40 years of service in the San Antonio area, we take a client-focused approach to every case. We also offer bilingual representation to make sure language is never a barrier.

Our all-access policy means you get your lawyer’s cellphone number for direct communication through phone calls or texts, so you are never left wondering about the status of your case. Our San Antonio truck accident lawyers approach cargo truck crashes in the following ways:

• Conducting a complete investigation of the accident scene
• Identifying every liable party
• Gathering and preserving electronic logging data, maintenance logs, and driver records
• Working with accident reconstruction and medical professionals
• Handling all communication with insurance companies on your behalf
• Building a strong claim backed by documentation and testimony

Our attorneys handle cargo truck accident cases on a contingency fee basis, which means you pay nothing up front. We only collect a fee if we recover compensation for you, though litigation costs and expenses may apply.

FAQ: Answers for Cargo Truck Accident Victims

What If You Are Partially At-Fault?

Texas follows a modified comparative negligence rule. If you are found partially at fault, your compensation is reduced by your percentage of responsibility. However, you can still recover damages as long as your share of fault is not more than 50%. A jury or adjuster will weigh each party’s duty of care, any breach of that duty, and the connection between the breach and your injuries when assigning fault percentages.

Should You Speak to the Truck Driver’s Insurance Company Adjuster?

You are not required to give a recorded statement to the truck driver’s insurance company, and doing so early in the process can hurt your claim. Adjusters often look for statements they can use to reduce or deny the value of your case, even when your injuries are serious. Decline providing one.

What If the Truck Driver Is an Independent Contractor?

Even when a truck driver is classified as an independent contractor, the trucking company may still share liability. Courts in Bexar County and across Texas examine factors such as the extent of the company’s control over the driver’s schedule, route, and equipment when determining responsibility.

Speak to Our San Antonio Cargo Truck Accident Lawyer Team

You deserve answers and a clear plan for moving forward after a cargo truck accident. At Gamez Law Firm, our attorneys are prepared to take on the trucking companies and their insurers to pursue the compensation you are owed. Call us at (210) 736-4040 or contact us online to schedule your free consultation with our San Antonio cargo truck accident lawyers today.