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San Antonio Injury & Wrongful Death Lawyers. San Antonio Oil and Natural Gas Drilling Accident Attorney : Texas Workers Compensation and Oil Rig Injury Lawyer //–>Injured On The Job While Drilling for Oil or Gas Around San Antonio Texas? Call Michael Grossman

Long dormant for almost a generation, Texas petroleum is again “on the map” as our nation struggles to keep oil and gas affordable.

So in order to get the last drops of oil, and a huge, newly discovered reservoir of natural gas, Drilling companies, contractors, wildcatters and the corporations they sell their valuable commodities to work long hours and under stressful circumstances. It makes no matter whether the drilling site is in East or West Texas, the Barnett Shale of 300 miles out in the Gulf. Every one of those reservoirs is “active.”

Because of this inherent stress, drug testing isn’t an everyday rule. But speed to market is. So it comes as no surprise that the petro-drilling industry is a terribly high-risk venture. This makes workplace injuries common: gruesome wounds such as instant amputations, crushed bodies, and horrible injuries from rig and pipeline blowouts or explosions. Broken bones, injured backs and concussions can debilitate any drilling worker at hour of the day or night. Tool pushers are usually the most commonly injured on a derrick. But no one who spends any time in the oil patch is immune. Who is responsible when any of these job-related accidents, many times the result of someone’s negligence, occurs?

There are several things you must know, and quickly. They are important points such as:

If the Texas drilling operation you work for had workers’ compensation insurance, which covers some reimbursement for medical expenses, lost wages, pain and suffering.

What to do if the drilling contractor or the company that manages the oilfield is also responsible for your injuries. Your ability to obtain compensation depends on the ability of an oilfield injury lawyer to get to the bottom of the accident, its causes, and find out who is liable.

Exactly who, from a variety of conceivably responsible parties (past your employer), might have contributed to your accident-related injuries, pain and suffering; whether they are aware of their contribution or not.

If something like this has happened to you or a loved one in your family, and if these are questions you have thought of, a San Antonio drilling accident attorney with the Grossman Law Office can help you receive the financial compensation you deserve.

With oil likely never to see a sub-$100 per-bbl price again, it is more cost-effective to use technology not in existence 20 years ago to squeeze every drop out. And the more Texas can get for its newly discovered natural gas fields, the less oil a lot of people use, especially to heat their homes. But this drilling renaissance is powered in many places by machinery that dates back to the 80’s. So many oilfield accidents can be caused by worn or defective rigging and machinery in-use far past its prime. Pipelines in many areas (some of them highly-populated) explode from negligence, or material fatigue. Heavy objects such as pipes or other drilling equipment can fall near, or on any part of, the rig. A lot of people slip and fall on oil and water and hurt their backs. Let’s face it, the oil and gas patch (including the one out in the Gulf) is one of the most unsafe places to work in the world.

Resolving oilfield workers’ injury cases is frequently very complex. And in attempting to recover fair damage reimbursement, injured workers are opposed by arguably the most powerful corporations (along with their drilling associates, insurance underwriters and high-priced lawyers) on the planet. If you’ve been hurt in a rig accident on land or at sea, you’re a bug who threatens their privileged endgame of record profits in a seller’s market. Without an experienced attorney to represent them, injured oilfield workers are little more than a blip on their radar.

Still, you have faith in the possibility of resolving your injury compensation issues fairly. But you also know that you need an experienced petroleum accident law firm to represent you. This firm has to prepare for trial, but accept a fair settlement once the defendants know it’s the best outcome for them. And you also know it’s highly unlikely you will accomplish by yourself, with a legal “babe in the woods” or your nephew running the case after just graduating from law school. You’d just be serving them (or yourself) up to these business conglomerates, their insurers and legal minions. Then you get to count your losses.Profits, Profits Everywhere, but No Civil Claim Need be Paid (Thanks to Workers’ Comp)

Texas-based oil drilling companies don’t have to purchase workers’ comp insurance. Only half of them do and if they were smart, all of them would. But that’s beside the point. All workplace injury cases in Texas fall into one of two categories. Subscribers, obviously use workers’ comp to cover their employees from on the job accidents. Non subscribers obviously don’t. So it must first be learned whether or not your employer is a subscriber or a non-subscriber before proceeding any further. This is because; depending on the answer to the above, subscriber and non-subscriber injury claims and cases require entirely different methods and strategies to resolve.

Workers’ comp is a legislature-mandated program that provides universal, no-fault coverage for worker injuries through a “pool” of funds that are provided by participating private insurance carriers. In the insurance industry, this is called “umbrella coverage.” Workers’ comp subscribers are not only able to have their injury claims settled quickly, cheaply, with minimal muss and fuss, they are also protected from just about every civil injury lawsuit.

But there’s a downside to this program. And the workers are the ones who feel the pain from it. By denying workers the traditional civil venues of compensation as-per workers’ comp state law, the rights of employees to be truly and fairly reimbursed are harshly conceded. Workers comp is great for someone who only needs their medical bills paid and will be back on the job in a few days. But for more substantial injuries, like those one suffers on a drilling rig, those benefits lie far below fair-market compensation levels. As a result, these state-mandated “benefit caps” amounts that are awarded rarely, if ever, fully compensate petroleum employees involved in larger, and longer, workers’ comp-covered claims.

Now as we said, the program deliver a certain level of financial relief and admittedly, a little bit of convenience to drilling and pipeline employees injured on the job. This “no fault” insurance covers workers, no matter how the oilfield accident occurred or whose fault it was. But as we said, the longer the worker is injured, the less and less workers’ comp serves his compensation needs.

But there’s another side of the workers’ comp coin. Many Texas drilling companies (and their sub contractors) are workers’ comp non-subscribers. And if you’re injured while working for a non-subscriber, that’s a “whole ‘nother story.” In order to receive compensation from a petro non-subscribing employer for your drilling rig injury, your only compensation avenue is to file a lawsuit. An experienced San Antonio drilling accident attorney with Grossman Law Office can get to the bottom of your company’s workers’ comp status, so you know what legal options are available.

Here’ one reason why you should call us quickly. Your serious injury means the odds have finally caught up with your non-subscribing employer. And sure as “T is the first letter in Texas,” once he learns you don’t have a good lawyer, and wants to further his false claim to you that he has workers’ comp, he’ll move quickly to avoid a lawsuit. He’ll show-up at your hospital bed, patting you softly on the arm, telling you to heal-quickly and get back “because we all miss ya.” And then he will, “oh by the way,” ask you to sign an official-looking form he represents as a “standard workers’ comp release” in order to further his fraud and dodge that lawsuit. He might even show up with your “first check.” But be careful. If you sign without calling an experienced drilling accident attorney first, your chance to get him to pay fairly for your injuries (and disability?) is toast! Alternative Revenue Sources to Workers’ Compensation, And Your Options Against Non Subscribers

Once you get past workers’ comp, there two primary avenues to recover injury damages, one of them is an exception to the workers comp civil suit restriction, which we’ve already mentioned. It involves employer gross negligence which leads to a fatal worker accident, either immediately or over time. So if you have a loved one who died as a result of an oil drilling accident, even if you don’t suspect gross negligence by anyone, you need to talk to an experienced lawyer. For if it turns out the accident was caused by employer gross negligence, then you, as an immediate family survivor, stand a very good chance of winning a civil wrongful death lawsuit, even if it’s against a workers’ comp subscriber.

But the more practical approach to non-subscriber liability for injuries you suffered on the rig – be it on land or offshore – is through a third-party claim or lawsuit. This is the thing your terrified, best-buddy boss was trying to avoid when he visited you in the hospital a few paragraphs back.

If his rig or drilling equipment was not maintained properly, or he didn’t provide safe working conditions, or if one of his helicopters ditched 50 miles offshore and you floated in the water, injured for hours, then he could be held accountable. If a faulty piece of machinery caused the injury, then the manufacturer may be held accountable through a defective product lawsuit. If a drilling contractor working for the rig owner, or another employee negligently caused your injury, they could be held accountable, as well as your employer, maybe. The same thing can be said for the corporation that hired anyone to oversee the drilling rig or offshore platform.

In all such events, you can sue the non-subscribing responsible party or parties, even if you can’t sue your direct employer who subscribes to workers’ comp. But here’s some good news. Third party lawsuits do not prohibit you from filing a workers’ comp claim against your employer in addition. Often, a “no fault” workers’ comp claim coupled with a third party lawsuit against another clearly liable party often combine to deliver the necessary fair compensation.

But in order to reach this “endgame,” you need the deft hand of an experienced San Antonio drilling accident attorney to thoroughly investigate the accident scene and determine roles everyone played in your drilling rig or pipeline accident, and then construct the best strategy to get you the appropriate compensation for your injuries, pain and suffering for your drilling rig-related injury case.

It’s not hard to understand why many pipeline and drilling companies along with their independent “wildcatter” brethren don’t subscribe to workers’ comp, even if it’s better than the alternative of not having it when it when it’s needed. They’re mostly too cheap to buy it because they try to cut corners whenever possible. Workers’ comp insurance, though it costs less than traditional oil and gas production insurance, is still not economical for some. But that’s because of the fundamental dangers of the petroleum drilling industry itself. And since a lot of the independents live from hand-to mouth, insurance is a luxury they can rarely afford. Oh sure, they have money. But you can bet that, with a lot of them, none of it is tied up in insurance policies.

So, once injured, the victim, or plaintiff, must file a claim against the non-subscribing employer, or third party defendant, notifying him or her of the injury and the fair restitution the victim expects. If you work for a defendant who has insurance, they usually hand the matter over to them. Most of the time, the insurer will quickly dispute your plaintiff allegations. But if you have a good attorney, and your case has immediate and apparent strength, it’s possible that negotiations will deliver a fair settlement to pay your bills paid and all of your reasonable damages. But, just as often as not, drilling rig injury cases are contested. Then you and San Antonio drilling accident attorney must file a lawsuit to win fair compensation. And as the injured party you, the plaintiff, holds the burden of proving that the defendant’s negligence caused your injuries and upended your, and your families lives.Oil Patch Defendants Always Say it’s Not Their Fault: but Yours

If your drilling employer is a workers’ comp insurance non-subscriber, or the third party against whom you’ve filed an injury claim has private coverage, then he or she isn’t likely to automatically pay you for the harm you’ve suffered due to that negligence. That’s because the insurance company doesn’t want your employer to do that. And paying a claim will certainly produce even higher coverage rates for the defendant(s). Our experience in these matters has revealed that most non-subscribers, their insurance companies and attorneys will often one or two traditional defenses to avoid paying injured employees the restitution they deserve.

The primary liability defense afforded non-subscribers after an oilfield employee suffers an injury is to charge the plaintiff with sole proximate cause. This means the victim was totally to blame for his or her own injuries. In order to invoke the sole proximate cause defense, non-subscribing employers, their insurance companies and attorneys say and do anything to soil your good reputation as a worker by claiming you were careless or irresponsible and caused your own injuries. And since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, your own cunning oilfield accident attorney to turn the tables of liability back on the negligent employer or third party is a powerful weapon on your behalf.Defendants Question the Employer-Employee Relationship in Order to Avoid Paying You

When you are injured on a drilling rig, many clever employers place themselves in a position to claim you are technically not their employee, but rather, a contractor. This tactic is supposed to help them avoid responsibility for your drilling rig injury since no Texas employer is liable for their subcontractors or their employees’ injuries. So by claiming this technicality to deny the existence of an employer-employee relationship between you and the company, they then pose the question of why they should be for compensating an injured non-employee?

But most of the time, it’s a ruse. They hire their employees as employees, not as contractors or as temp workers through a third-party. They know that an actual employer-employee relationship exists and the injured worker has the right to obtain compensation against this non-subscriber. They’re just hoping no one will find out a release has been signed by this worker who is unaware of the employer’s subterfuge, then accepts compensation for his injuries that would never fully compensate him. But a skillful, well-seasoned drilling rig accident lawyer can quickly reveal this employer for what he really is, and prove the employer-employee relationship by meeting at least one, and often more, of the following standards of employment:

Social security or taxes have been withheld from your paycheck by the employer.

The essential equipment for the job was supplied to you by the employer.

Your work has been regularly managed, overseen or inspected by your employer.

A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.

Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.

You have been employed for an undetermined period of time and not just for a single job.

You are paid by a salary or an hourly wage and not on a job-by-job basis.

In cases where a worker is borrowed from another company, or a third-party agency, and then is injured on the job, the rules for determining the working relationship are similar to those above, but there can be some important differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor

Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.

This answer is the same when it comes to tools and equipment. If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.

If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.

If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.

If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.

If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.

A thorough investigation of your employer by a skilled drilling accident attorney proves the existence of any one of these standards. By accomplishing this, your employer finally knows he must is liable for all the damages owed to you. And his subterfuge, once it is brought out in the open usually doesn’t sit well with civil trial juries. So many times, this “he was my contractor” house-of-cards defense collapses. Then the employer will probably see reason and settle with you. Whether he does or not depends on the rest of the evidence you present. As you San Antonio drilling accident attorney, we will depose co-workers, review contracts and examine pay stubs to clearly prove establish that you were an employee when you suffered your drilling rig injury.Fight the Arrogance of Your Opponents in an Oilfield Accident Liability Case

In all non-subscriber and third party oilfield injury claims, defendants usually have large insurance companies with lots of good attorneys to oppose you. The remainder of those employers will be “self-insured” or uninsured. And all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, pity the poor foolish oilfield worker who makes an injury claim against them alone.

Non-subscribers’ insurance companies have attorneys either on staff or permanent retainer. They are very good defenders of their clients against oil rig accident claimants like you who try to sue them. Insurance companies are always confrontational under such circumstances. But you can beat them if you have a just cause for claim, solid evidence, and an experienced attorney in your corner who knows every trick they pull, and how to counter it.

But as bad as the insurance companies can be in an oil patch injury claim or lawsuit, self-insured contractors and subcontractors who are liable your injuries, or those who have no insurance at all, use every trick they can think of once an injured worker takes legal action against them to recover damages. Some of those tricks are obscene and some even cross the legal line.

You will deal directly with an officer if the self-insured drilling or pipeline company is a small one. This person’s salary is derived from company profits. Whatever you’re paid for an injury comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out his own pocket. A sneaky, self-insured company officer uses any and all means to oppose your claim in order to protect his company’s, and personal, assets.

Self-insured drilling contractors and subcontractors can deliberately dispose of evidence as well bribe or intimidate witnesses, even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court to prevent anyone within the company from behaving inappropriately against our clients. Sometimes these motions include clear demands that they make no attempt to communicate with our clients, or their families, in any way without one of our attorneys present. Injury Claims on Offshore Drilling Rigs are Different from Texas Worker Injury Laws

The laws that govern work injury cases to those who work on offshore drilling platforms, regardless of whether the rig is a “jack-up” inside U.S. territorial waters or a deepwater platform, are completely different than those governing petroleum drilling on Texas soil.

Most (but not all) platform drilling injury cases will fall under the Jones Act (also known as the Merchant Marine Act of 1920). But other legislation such as the Death on the High Seas Act an the even older Limitations Liability Act of 185, which was enacted years before the laws that govern today’s insurance companies, might also come into play.

And though the same types of damages available through Texas Civil Law are offered to offshore platform workers through the above-mentioned pieces of maritime legislation, the mechanics of winning compensation for injuries, lost wages, pain, suffering and death benefits are dramatically different because there are many contradictory loopholes through which defendants might be able to use against your claim. The insurance companies who underwrite offshore drilling companies and their attorneys are much more specialized than you would find in a Texas accident injury case. We have much more information on maritime drilling injury accidents and the process of filing and winning a civil suit if you will follow this link. But it’s paramount that if you have been injured in an offshore drilling accident that you contact one of Grossman Law Firm’s San Antonio drilling accident attorneys to better understand your injury compensation rights if you have been injured on an offshore drilling platform.No Matter Who You Sue, You’re In for a Fight

In all oilfield injury suits, defendants usually either have powerful insurance companies with very good legal representation to stand in your way, or will be “self-insured” or uninsured. No matter which of these three categories your opponent falls into, they all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, they may have a powerful patron to back them up, if it suits their purposes.

Attorneys are either on staff or permanent retainer to represent non-subscribers’ insurance companies. They have to be good defenders of their clients or these deep-pocketed insurance companies would never hire them. These attorneys, and their Insurance company clients, often act confrontational, patronizing and very dismissive towards you. But you can beat them if you have a just cause for claim, solid evidence to back it up, and a San Antonio drilling accident lawyer to counter their arrogance and trickery.

But as bad as they are, other opponents can be even worse. They would be the self-insured contractors and subcontractors who are liable your injuries, or those who have no insurance at all. These people, usually the wildcatters and independents, can come up with even worse tricks once an injured worker takes legal action against them to recover damages. Some of their tricks would curl your hair.

You will deal directly with an officer of this self-insured drilling or pipeline company whose salary is comes from company profits. So if this person pays your injury claim that money comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out his own pocket. We’ve seen many sneaky, self-insured company officers use any and all means, legal or otherwise, to oppose your claim while he protects his company’s, and personal, assets.

These people are not above deliberately destroying evidence, bribing or intimidating witnesses, or resorting to physical threats against you, your attorney, or anyone else standing in his way. When we represent a client against a self-insured company, the first thing we often do is to file motions to prevent anyone within the self-insured company from behaving inappropriately against our clients. Sometimes these motions include clear demands that not even communicate with our clients, or their families in any way without one of our attorneys present. What You Need to Do (and Not Do) Right Now to Win Oilfield Injury Compensation

The most important thing for you to remember right now is this. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Your employer or his insurance company is praying that you’ll accept a substandard settlement and save them money, and a trial. So keep your mouth shut and your eyes wide open. In fact, it’s never a good idea to discuss any details of your injuries or intentions, or anything else about the injury, with your employer, a third party, anyone with the insurance company, or even your co-workers before you speak to an experienced drilling accident lawyer. He’ll tell you to keep on keeping your mouth shut. And it’s good advice.

Then, you must realize the critical importance of acting swiftly. In oilfield accident cases, the evidence begins fading almost immediately. Physical evidence can quickly change, or be lost forever. Witness stories change, or they forget what they saw. If you wait too long to hire an attorney and put him to work, you seriously compromise your ability to win the injury damages you and your family deserve.
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San Antonio 18 Wheeler Attorney : Texas Accident Injury Law Firm //–>Do You Understand Liability Issues When You are Hurt in a Trucking Accident in San Antonio?

In Texas, and especially in and around San Antonio, we have a lot of modern highways and multi-lane freeways. A lot of 18-wheelers use those highways, tens of thousands of them at least.

They haul all types of goods to all parts of the state and country. Because San Antonio has the highest concentration of refineries in the U.S., a large percentage of them are filled with all kinds of highly flammable petrochemicals and fuels.

Although nine out of ten truckers are never a problem for Texas drivers, what about the remaining 10 percent? Just how good is that driver? How safe is the load they carry? How safe is the 18-wheeler itself? Does it even belong on the road? It’s no wonder you may feel a bit uneasy when an 18-wheeler pulls alongside you at 70 miles an hour on a crowded freeway. This is why accidents, injuries and even deaths are a near statistical inevitability when 18-wheelers are on the road in and around San Antonio and other communities along the Gulf coast.

If you have been injured in a big rig accident or if a loved one was injured or killed in one, a San Antonio 18-wheeler attorney at ———————- stands ready to help you. We continue to win many judgments for our clients and have litigated hundreds of trucking accidents cases during our 20-plus years of service to injury victims. We understand the pain you suffer and the financial weight you may bear after being involved in one of these horrible accidents.

In spite of your ability to recover from your injuries, your troubles are likely far from over. The difficulties you face in your quest to seek fair compensation for your injuries can be just as arduous as the physical injuries and pain you now suffer from the accident itself. Fighting for a fair settlement, even going to court to secure a fair injury award, often creates even more emotional stress and extends your fiscal problems. This is why we feel it is so important for you to know every one of the legal avenues available so that you can take the right action to win a just and fair restitution for your injuries, pain and suffering, and lost income.Who Owes You Damages For Your Injuries and Pain From a San Antonio 18-Wheeler Wreck?

If you have been hurt in an 18-wheeler accident, the first thing you must find out is whose fault it is in order to determine who is legally liable for injuries you suffered and your property damage. In a lot of 18-wheeler accidents, many parties may share liability for damages. As often as not, there is more than one defendant. A legal notion in Texas law called “respondent superior” states that employers of those determined to be liable for the wreck their employee causes can be held responsible for the action or inaction of their employee.

In a claim involving an 18-wheeler, a combination of a number of different parties can be responsible, and subsequently held liable for the wreck. This includes the trucker, the company he or she works for, the company that loaded the trailer, the person who planned the truck’s route, and by connection to any responsible party, the insurance company who insured those who are liable.

Another source of liability is relatively new. Over the past few years, with the state outsourcing a lot of road maintenance duties, as well as highway construction to private industry, if a privately-owned company is performing road construction or maintenance and creates hazardous road conditions that cause an 18-wheeler accident in which you are the victim, these companies may also be held liable for a portion, or maybe all, of the liability arising from the accident. All private companies retained by the state to build and maintain Texas roads must document that they are properly insured, or provide a very large liability through a bond.

To win your claim among a surplus of potential defendants, you need an experienced San Antonio 18-wheeler attorney on your side that also has the ability to investigate the scene of an accident to discover who is liable. Naturally, local or state law enforcement agencies investigate all 18-wheeler accidents. In some instances, so does the US Department of Transportation (DOT), especially if a repeat offender of their statutes and laws governing interstate transportation is involved.

Many times those investigations only reveal the primary responsible parties such as the drivers or the company that owns the rig if the 18-wheeler has bad brakes or some other safety violation. But such investigations often fall short of identifying all underlying causes for the 18 wheeler accident, which often reveals every liable party who may have escaped criminal detection. Experienced 18 wheeler accident lawyers and their investigators are the ones who conduct these thoroughly stringent inquiries to identify everyone who is liable. They know how to determine the degree of each responsible party in every 18 wheeler accident. Occasionally our investigations reveal additional criminal facts of the accident that law officials miss. We pass them along to the appropriate agencies for further discretionary action.Did You Know?

Michael Grossman has been fighting for 18 wheeler accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

When you are injured in an 18 wheeler accident, your attorney must determine whether the negligent truck driver caused the wreck, if someone else played an important part, or if a mechanical malfunction might be responsible. What if the company that owned the cargo failed to correctly load it or didn’t safely secure the cargo which caused it to break free during transport and topple the trailer? Or, did the route planner negligently send the truck into an area not properly zoned for 18-wheelers? Or maybe flammable chemicals were loaded inside a tanker not rated to carry such dangerous materials and suddenly, unexpectedly exploded, seriously injuring you as you drove alongside it on an inner San Antonio freeway. Remember the ammonia tanker that unexpectedly exploded at the Southwest Freeway/610 interchange some years ago where hundreds were hurt when they drove through the ammonia cloud?

It is rarely easy to determine immediate fault in an 18-wheeler accident. This is why you benefit in many ways through the experience of a Texas truck accident lawyer who will make sure that every liable party who is responsible for an 18 wheeler accident in San Antonio is held responsible for your injuries, along with the damage to your vehicle, its passengers and other contents.What Happens if I Choose to Deal With an Insurance Company Myself and Don’t Hire an Experienced Attorney?

A non-attorney has a very hard time accumulating all the knowledge required to effectively negotiate a fair settlement with insurance companies, or successfully represent him or herself in court. Representing yourself is possible, but winning is a very long shot. Litigation in 18 wheeler accident-related injury cases is extremely complex. Inexperienced attorneys have only a slightly better chance than you alone of recovering any reasonable compensation. So why would you even entertain such a foolish idea, especially when tens, or even hundreds of thousands of dollars are on the table? Would you fix your own pipes or build your own house on a vacant lot you purchased? You likely wouldn’t, and this is one of the reasons why you need the legal experience and investigative power of an attorney to represent your personal injury case from an 18 wheeler accident

Everyone has heard the old adage about the law: “Those who represent themselves have a fool for a client,” but it’s doubly disastrous in any personal injury case, especially one involving an 18-wheeler because the laws and procedures involved are so complex, and the playing field is often tilted in the favor of the trucking companies, their insurance providers and attorneys. Those who oppose you have deep pockets and years of experience at winning these kinds of cases. You need much more than general knowledge of the law to succeed in trucking accident litigation.

Here’s a little secret that few non-lawyers know. Legal knowledge doesn’t make up a third of all the necessary elements for success in personal injury cases. Successful litigation requires thorough knowledge of civil procedure and the ability to develop the perfect strategy necessary to battle the insurance companies and their defense lawyers. Legal novices, by their very definition, don’t have that. Your opponents respect doesn’t hurt either. This is why an experienced and highly regarded, respected San Antonio 18-wheeler attorney who has spent years taking on the insurance companies and their lawyers, and beaten them, is a powerful weapon in your fight for just compensation.

Also, if you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and might be inspired to fight hard for your rights when an 18-wheeler accident has befallen you, often, that person might have a difficult time disassociating him or herself emotionally from issues surrounding your case. Personal injury law is often quite intense. A specialized 18 wheeler attorney must be pragmatic, focus solely on the facts of a case and be very cool under fire if you are to be successful. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend of relative then? Keep your family members and friends out of your legal business. You will be very wise to remember this when deciding who will represent your 18 wheeler liability lawsuit to your greatest benefit.Insurance Companies Are Great at Playing the Game of “No”

The federal government requires trucking companies to purchase sizable insurance policies to protect against accidents that occur. You may hold the misguided belief that the trucking insurance compensation process is quick and relative free of surprises so all you have to do is file a claim and wait for that inevitable, and generous, compensatory check.

This is an unlikely scenario. All insurance companies are in the business of taking in premiums and paying out as little as absolutely necessary in claims. Since insurance policies for 18-wheelers involve huge sums of money, much greater than your personal car insurance coverage, the insurance company’s only mission is to keep from paying you fairly, and increase its high profits. So it comes as no surprise that insurance companies deny every claim possible, whenever possible and for as long as possible. They do this by habit. Without the right attorney on your side, collecting a fair settlement from an insurance company is anything but foolproof.

While the Texas Civil Practices and Remedies Code grants the right for anyone who has been injured in an 18 wheeler accident, or the family of one who was killed to be compensated for the harm done, to seek compensation, the law doesn’t say reimbursement is automatically granted when a victim claims an injury or loss. This is the dirty little secret that insurance companies don’t want you to know until you find out the hard way by having to deal with an out-of-hand denial by an insurer.

You, as plaintiff, must first prove the liability of the party responsible for the accident and the injuries you suffered from that accident. Furthermore, in any liability case, the plaintiff holds the burden of proof. You must clearly show that the money you’re asking for fairly reflects the loss you’ve experienced from those damages and injuries. The insurance company and the lawyers who represent them does everything possible to deny a plaintiff’s claim or argue that the level of restitution you seek is excessive and unreasonable.The Seedy Side of an Insurance Company: Adjusters Who are Not to be Trusted

Insurance adjusters are often just as dangerous to an accident victim as the defense lawyers who represent their companies. Their goal is to help their employer, not you, plain and simple. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the accident. An adjuster may act like your best friend and constantly assures you that all of your needs are met. Insurance adjusters are very clever. They know you probably have a good relationship with your car insurance agent. So they imitate your “good neighbor” auto agent and ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your admitting liability and destroy your chance to receive fair, or any, compensation. The trucking company’s insurance adjuster gets paid to deny or hinder your claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed personal injury victims, often deceptively, to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from an 18 wheeler accident.

Corporate insurance adjusters and defense lawyers love nothing more than to find a victim who tries to represent his or herself. They know how easy it is to lead a novice around by the nose. The behavior of insurance adjusters alone should be proof-enough of why you need an aggressive 18 wheeler accident lawyer who knows how to combat the tactics of the insurance companies and win your fair settlement. Only the history of success of an experienced San Antonio 18-wheeler attorney with ———————- will combat unscrupulous insurance adjusters and frighten their insurance company employers into a fair settlement, or beat them in court if they don’t.

Insurance companies are even prepared to fight injury claims before the accidents even occur. They have experienced attorneys on staff, or permanent retainer. They’re just waiting to take on personal injury claims. They specialize in cases like yours and know every trick to tilt the case in favor of their insurance company employers. Insurance defense lawyers race to the scene of an accident as soon as it happens and begin investigating to build a case against you while you are still deciding whether or not you even need to hire a lawyer. If you have been injured in an accident involving an 18-wheeler, you mustn’t hesitate in finding a Texas 18 wheeler accident law firm to help you. You only get one bite at the apple, and once it’s lost, there are no do-overs.Don’t Make the Fatal Mistake of Trusting a Trucker in an 18 Wheeler Accident

With so much at stake, chances are you cannot trust the truck driver to tell the truth if he or she causes an expensive accident. If truck drivers are found to be liable for an accident, not only will they be fired, it could become very difficult for them to land a new job after costing his or her previous employer enormous damages due to his or her negligence. Sometimes trucking companies will make the driver the “fall guy” and fire him outright. Then they cover themselves of true responsibility, or their negligence that caused the accident.

If this isn’t the driver’s first wreck behind the wheel of an 18 wheeler, it’s possible to lose either his state trucking drivers license, or his DOT certification, which means the (former) truck driver has to find a new line of work. With the high unemployment rates in the United States, the temptation for that driver to lie, cheat or behave dishonestly to save their job is too great since that driver now risks losing the paycheck that supports his or her family.

After suffering an injury in an 18 wheeler accident in which the driver of the truck claimed that our client was driving with his lights off at night, our investigators quickly examined the scene. They discovered a security camera outside a convenience store that was pointed directly its parking lot and the accident scene behind it. The video clearly showed our client’s headlights shining brightly. We proved that the truck driver boldly lied. Witnesses and defendants can lie and or callously misrepresent critical facts in trucking accident cases. The lawyers with ———————- know how to uncover the lies, and counter them with the truth to stop witness misrepresentations. Over the past 20 years, we have conducted hundreds of 18-wheeler accident investigations to get to the bottom of the case, and won for our clients’ fair and just compensation by shining the light on the truth, the whole truth and nothing but the truth. Self-Insured Truck Companies Represent a Sinister Threat to Your Just Compensation

Some trucking companies protect against personal injuries from accidents by reserving a percentage of their assets to pay accident claims, instead of purchasing a coverage policy from an insurance carrier. And though federal and state governments monitor the insurance industry, licenses adjusters and hold insurance companies to ethical standards as best it can, no such regulations exist for self-insured trucking companies. Seeking compensation from these “self-insured” firms, or self-insured independent truckers, can be far more difficult, and as chaotic, as finding justice in the Old West.

You will pursue settlement with an officer of the company, not an insurance adjuster. This company officer’s salary is typically tied directly to company profits. Any amount paid to you for an injury comes directly out of the company coffers, which means that when the company’s officer compensates you, he or she is literally taking money out of their own pocket. This is why we’re not surprised when a self-insured company officer stoops to any means to deny your claim, which protects the company’s assets. Self-insured companies (as well as independent truckers) have been known to willfully destroy damning evidence, bribe witnesses, and even intimidate their victims, sometimes physically. There have been times when those intimidation attempts were directed at our clients. This is why every time our attorneys are hired against a liable self-insured party; the first action we take is to prevent anyone with the company from behaving unsuitably toward our clients. Often, we are forced to demand that they completely refrain from communicating with our clients unless one of our attorneys is present. Your Best Chance After an 18 Wheeler Accident is With Experience on Your Side

Only after trying hundreds of cases can a lawyer learn the intricacies of developing the right tactics for success at trial or in negotiations with insurance companies in an 18 wheeler accident. Most people, and many inexperienced attorneys, don’t know the proper way to answer interrogatories, prepare demand packets, and conduct sophisticated depositions which get to the bottom of liability for the accident that caused your injuries and pain. Experienced attorneys know how to conduct sophisticated accident investigations or respond to lists of admissions. You need somebody who knows how to do all of this, and forcefully represent your interests.

Insurance companies only agree to fair settlements if you are protected by an attorney with a history of success in court. While insurance companies and their lawyers are eager to take on non-lawyers and inexperienced attorneys, they fear us. When we file a claim, the insurance companies usually see the wisdom of settling with our clients for a fair amount. They want to avoid a trial, especially if they know you have a strong case. And from a fair settlement, our clients can resume living their lives again because we’ve negotiated that compensation on their behalf. What Should You Do Now?

You need to take steps to preserve the evidence in your case now, and to act quickly. You must hire a lawyer to begin investigating the accident scene immediately. Every moment that you wait, evidence is becoming stale, witnesses’ memories fade, or their stories’ can “mysteriously” change. The accident scene also becomes altered either by the passing of time, or because your opponents do it themselves. Physical evidence that proves your case also might begin to “mysteriously” disappear. As soon as we are hired, ———————- begins a thorough investigation of the accident scene to uncover the right evidence that proves liability of the truck driver, the trucking company and any other third-parties. We inspect all the vehicles involved, clearly survey the accident scene, measure distances, hunt for photographic and video evidence and assemble it all to clearly prove your case. We leave no stone unturned to uncover all the evidence that proves your claim beyond reproach.

For example, we were once hired by the families of two men who were involved in a terrible accident with a big rig. After the initial accident, the truck’s trailer was stretched across the unlit road on a moonless night. Only the taillights of the trailer hear the shoulder of the highway were visible to oncoming drivers. Our clients rounded a curve and unknowingly smashed into the trailer. One man died at the scene. The other was left fighting for his life.

The force of the collision ripped off the roof of the vehicle, killing the driver and critically injuring the passenger. The next day we were hired, flew to the scene of the accident and begin investigating that same day. Our client’s car had already been towed to a salvage yard by the time we arrived. After examining the vehicle, we noted its strange lack of headlights. Finding this odd, our investigators spotted a security camera on the premises and we asked to view the video. It showed an official of the trucking company illegally removing the headlights. When the company tried to claim our client had been driving a car without headlights, we produced the video that caught them red-handed. You can guess who won this case. But what you don’t know is that both law enforcement officials and the U.S. Department of Transportation found this video very interesting. And you get a better idea of what we mean when we say that evidence can sometimes “mysteriously disappear.”

If the love ones of these two men drove down the road, minding their own business when tragedy found them, had waited any longer to hire us, this crucial evidence would have been gone forever, because the salvage yard’s surveillance system didn’t save its video for more than two days. And we can’t think of a stronger reason why Gulf coast victims of tractor-trailer accidents need to find a San Antonio 18-wheeler attorney now, so the investigation can begin while the case, and evidence, is still fresh. Lies and missing evidence can cripple your legal right to fair compensation for an 18-wheeler accident from the moment it happens only if, by inaction, you allow it.We Can Help You Recover Your Life After an 18-Wheeler Accident

The best way for a victim in a big rig accident to ensure full compensation is to find assistance from an experienced San Antonio 18-wheeler attorney who knows how to clearly prove the defendant’s undeniable liability, and then win equitable damages

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San Antonio 18-Wheeler Accident Lawyer //–>Attorney Discusses Your Legal Options After You’ve Been in an Accident with an 18 Wheeler or Semi-Truck

The wide open spaces of the Lone Star State are crisscrossed with major and minor transportation routes for both Texans and the businesses that keep Texas humming. We’re shipping goods all over the state and to all points throughout the rest of America.

Being the critical port that it is, San Antonio is a hub for shipping heavy cargo over land after they’ve been offloaded from big cargo ships. That means there seem to be as many 18-wheelers on the roads around San Antonio as there are cars.

With thousands of tractor trailers driving across the country in a short amount of time, and drivers logging long miles staring at the road as it passes by, accidents, injuries, and even deaths are a statistical inevitability.

If you have been injured in an 18-wheeler accident, or if a loved one was killed in a San Antonio semi-truck wreck, San Antonio 18-wheeler accident lawyer Michael Grossman is here to help you. Over the past 20 years, we have litigated hundreds of trucking accidents cases, and we empathize with the pain you have suffered. We can help. We also want to inform you of the challenges and difficulties you are facing as you seek compensation. We want you to know about the legal venues available so that you can take the right action to achieve just restitution for your 18 wheeler accident injury.

The San Antonio semi trailer 18 wheeler accident lawyers at ———————- would like to take some time to explain some of the basics of a semi trailer 18 wheeler accident case, such as whether you have a valid claim, the purpose of semi trailer 18 wheeler accident litigation, naming the defendants in your case, the two ways to win a claim, investigating the facts, obstacles to your claim, and why you should hire a lawyer to help you with your litigation.Who Is At Fault for a San Antonio 18-Wheeler Accident?

Truckers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are only a few of the many individuals or entities which may cause a wreck. In order to hold the responsible party accountable and collect fully for your losses, it’s important to identify all of the parties who were at fault for causing your accident.Truck Drivers

First, there are the 18-wheeler drivers themselves. Truckers are among the parties most frequently responsible for causing accidents because of the nature of most wrecks. Their actions often directly cause wrecks. Sometimes, truckers are merely careless, reckless or incompetent. They may speed, roll through stop signs, ignore traffic warnings, ignore traffic conditions, or make illegal turns.

When their own driving errors lead to accidents and injuries, the truckers themselves may be held responsible for their carelessness in a San Antonio personal injury civil suit. Sometimes, a tractor-trailer accident in San Antonio does not result from ordinary carelessness or recklessness. Truckers can cause accidents by driving without getting enough sleep. Did you know that, by law, truck drivers are required to take periodic rest breaks and keep track of their stops in records? That, combined with the tight deadlines and demands truck drivers often face, can be a recipe for disaster. Some truckers are faced with impossible deadlines or with compensation systems which value speed over proper safety precautions.

Sometimes, there is so much pressure that these drivers may skip their rest breaks and falsify their log books. This happens way too often as many lawsuits and undercover press operations have discovered. There was one study which showed that around one of every five long haul truckers admitted to having fallen asleep at the wheel at least once in the month preceding the study. Truckers who skip their breaks and spend more than eight hours at a time behind the wheel double their likelihoods of being involved in wrecks, according to studies conducted by such organizations as the National Transportation Safety Administration and the Occupational Safety and Health Administration. Whether the 18 wheeler driver in your case was careless or fatigued, you may be able to name him or her as a defendant in your lawsuit if their actions can be proven to have led to your wreck.

When multiple parties contribute to causing an accident, all of them may be named as defendants in your lawsuit. Finding the right defendant or defendants is not always a simple proposition or a straightforward challenge in Texas truck accident litigation. This is because so many entities may play a role in preparing a truck to make deliveries, and there are so many people on the road. 18-Wheeler Companies

Trucking companies may be held responsible for accidents through either direct or indirect liability. A trucking company is directly liable for causing an accident if the trucking company did something negligent which ultimately led to a wreck. If a trucking company was supposed to have kept its fleet in good working order, but failed to repair the brakes on one of its trucks, the trucking company may be able to be held directly liable for any resulting injuries.

In other instances, trucking companies do nothing wrong themselves, but may still be held indirectly liable for an accident. Employers are responsible for the on-the-job actions of their employees. This is the case even if the employer didn’t endorse the employees’ conduct. It’s the case if the employer didn’t know about the employees’ conduct, or otherwise did nothing wrong itself. In trucking accident cases, the legal doctrine of “respondeat superior” usually allows a plaintiff to hold a trucking company liable for an accident caused by a trucker. Route-Planning Companies

Logistics companies that plan routes may also be to blame for wrecks if an 18 wheeler collides with an environmental obstacle that it didn’t have sufficient room to clear, such as a low overpass for a tall truck, or a narrow road for a wide load. The fact is that these heavy trucks can’t go on all of the roads that your car can. Weight, cargo, and height restrictions limit trucks from traveling certain bridges, tunnels, and roads. Individual truckers almost never make up their routes as they go along. If the roads that an 18 wheeler travels are unsafe for semi trailer truck traffic and an accident results, the company that planned the route may be named as a party to a lawsuit.Cargo Loading Companies

Truck loading companies are usually different companies than the companies that own trucks, and these companies may be held responsible for accidents that result from improperly loaded, incompetently loaded, or overloaded cargo. Sometimes it’s the case that the individual responsible for loading an 18 wheeler will do a careless job, and the cargo won’t be properly secured to the trailer. Cargo can come loose during the truck’s travels and fall onto the roadways. This is a major hazard.

Truck cargo of any size that ends up lying in the middle of the road can create a serious danger for other driver. Sometimes, companies responsible for loading trucks overload trailers and that creates its own hazard. By law, most trucks may only be loaded to 80,000 pounds but many companies, however, can and do cram more than 80,000 pounds onto a trailer in order to deliver more goods without the added cost of making additional trips. They are putting money over safety because overloaded trailers have a tendency to tip over. If overloaded or improperly secured cargo resulted in your accident, the company that loaded the truck may be held responsible.Parts Manufacturers

Sometimes, manufacturers may be liable for causing wrecks if their defective products lead to accidents. Occasionally, truck parts leave the factory with manufacturing defects or design flaws which make the parts unsafe for use. In order for a truck to operate safely, its critical components must be working properly.

For example, if a tire is defective, an 18 wheeler runs the risk of rolling over or losing control. Or, if a brake fails, it can cause a wreck. If a strap designed to hold cargo in place is flawed, cargo could fall from the trailer onto the roadway and cause the wreck or the driver to lose control. If a manufacturer’s error caused your accident, you may be able to sue the manufacturer for damages.Should You Represent Yourself?

Sometimes self-representation is okay in a car accident. An 18 wheeler wreck is a very different thing, though. The stakes are bigger. Many other complexities pop up in truck accident cases that don’t present issues in ordinary car accident claims. Why? Because often times, there are larger amounts of damages and more money on the table. Even sophisticated and business-savvy accident victims can’t be expected to pursue their own claims, but our San Antonio 18-wheeler accident lawyers have seen it all before and know how to navigate these challenges. Here are just a few of the unique challenges of litigating an 18 wheeler accident claim. High-Dollar Trucking Company Insurance Policies

The federal government requires trucking companies to purchase sizable insurance policies to protect against the inevitable accidents that occur. The insurance company is in business to make money, not help you. Trucking companies purchase high dollar insurance policies from insurance companies, but these policies are not like the policies in relation to what you know of car insurance policies. They are worth about 50 times more money than an insurance policy on a typical passenger car. In other words, insurance companies stand to lose much more money when they pay a claim under a truck insurance policy than in comparison to paying a claim for a passenger vehicle accident. Since insurance policies for 18-wheelers involve huge sums of money, the insurance company’s main focus is to keep from paying you adequately so it can retain as much profit as possible.Experienced Trucking Accident Insurance Adjusters

Thus, they are willing to spend much more money and resources defending against paying these claims in court. They will bring to bear their very finest insurance adjusters. Anyone who has ever been involved in a car accident knows what adjusters do. They do all they can to deny your claim or offer you as little money as possible in compensation for your injuries. However, elite adjusters that handle the more expensive truck accident claims do it on a much larger and aggressive scale. They got to where they are by developing a reputation for being tough on accident victims. They intend to be tough on your claim too.

They have aggressive tactics. They will call accident victims repeatedly to ask them questions about the wreck, to discuss what seem like irrelevant details and to just “touch base.” Though their questions may appear innocent and well-intentioned on the surface, they are seldom conducted with your best interests in mind. They’re usually designed and calculated to get you to admit something that could be used against you by getting you to tell them something that could be taken out of context. They could make it sound like you’re saying that you aren’t really hurt or that you caused the accident. You can expect your words to be recorded and come back to haunt you. There’s only one good way to deal with insurance adjusters, and that’s not to deal with them at all. Instead, have your lawyer take their calls. When they can’t speak to the accident victims that we represent, they don’t even have the opportunity to ask our clients things that could be damaging to their cases.Experienced Defense Attorneys

Moreover, these insurance companies keep aggressive defense lawyers on staff or on retainer, and call them into action as soon as a wreck occurs. They begin building a case against you even before you’ve decided whether or not to pursue a claim against them. Because they specialize in insurance defense law, these lawyers know many loopholes in the law that can be used to deny the claims of accident victims who don’t understand the law as well as they do. If you try to file a lawsuit on your own, chances are that these attorneys will be successful in having your claim dismissed on some technicality.Investigating an 18-Wheeler Accident in San Antonio, TX

Then there’s the matter of evidence. As we said, they go to work gathering evidence immediately. Do most people even know what evidence would be relevant in an 18 wheeler accident case? You need to have someone examine the evidence to see if you have a case. An investigation will allow you to determine who caused your accident and if there is more than one party.

A professional investigation allows accident victims to gather the evidence that they need to prove the defendant’s liability in court. That’s how court cases work best for the plaintiff. Jurors don’t want to be told how to decide. They want to make up their own minds after seeing photographs, hearing 911 call recordings, holding bits of defective tires, seeing improper loading manifests, seeing the driver’s employment and drug test results, and otherwise evaluating evidence that you collect during your investigation. Evidence isn’t a luxury or a bonus; it’s what you’ll need to bring to court if you want to win you case and get compensated for your losses.

Many times, based on initial evidence, it won’t be obvious who was at fault for causing an 18 wheeler wreck. Many individuals on the road, including other drivers and pedestrians, may have played a role in causing a crash and they may be partially liable. In other cases that we’ve seen, the mistake which ultimately leads to an accident occurs behind the scenes as the 18 wheeler is being loaded or maintenanced. Until we conduct a thorough investigation, there’s no sure way to know who should be named as a defendant a defendant in your lawsuit.

We look for the evidence you’ll need to win your case or to make the other party offer you a settlement commensurate with your losses and damages. We are experienced at getting what is needed to convince a jury. Our professionals record measurements, take pictures, talk to witnesses, perform forensic testing, gather police reports, find video surveillance footage, examine wreckage, and collect evidence in a way that makes everything we gather for your case admissible in court.

San Antonio 18 wheeler accident law firm ———————- knows how to conduct a strong investigation. They can help determine who caused your injuries and how to get the evidence you’ll need to hold all of the defendants accountable for what they’ve done. It’s standard procedure for us to visit the scene of the accident in nearly every truck accident case that we handle, no matter how far away. Why Contacting Legal Help ASAP Can be Vital After a Texas Commercial Trucking Accident

We once had a case in which our client was being blamed for causing a collision with an 18 wheeler. The other side argued that our client was at fault for driving without headlamps installed on his vehicle. Our lawyers went to the salvage yard where our client’s car had been towed to see if there was any truth to the defendant’s story. Sure enough, our client’s car was missing its headlamps.

But we believed our client. We weren’t satisfied with what we found. So we went to the salvage yard owner for the yard’s video surveillance footage. The tapes were scheduled to be erased later that day. We got to them just in the nick of time. On the tapes, we saw that the defendant had visited the salvage yard and taken our clients’ headlamps from his car. After that, we had no trouble proving that the defendant had tampered with the evidence and that his defense was a sham.

In this case, if our client had called us even a day later, the tapes which turned out to be so critical to his case would have been destroyed. He would have certainly lost his case and someone would have gotten away with a horrible miscarriage of justice. The bottom line is it’s best to start your investigation as soon as you can. Our lawyers can usually prepare a strong case, even if we aren’t contacted until several months after an accident occurs. However, the strongest cases are usually built when we’re contacted as soon as possible. We recommend that you don’t delay in contacting a lawyer for assistance.Another Obstacle: Trucking Companies That Are Self Insured

When seeking compensation from a self-insured trucking company, you’re likely going to benefit from the assistance we can offer. This is where you really don’t want to go it alone. If you’ve been in an accident with a trucking company that is self-insured, then instead of dealing with an insurance company, you’ll be dealing directly with a trucking company.

Some trucking companies protect against personal injuries from trucking accidents by reserving a percentage of their assets instead of purchasing a standard policy from an insurance carrier. The federal government monitors the insurance industry, licenses adjusters and holds insurance companies, to uphold certain ethical standards. No such regulations limit self-insured companies, so seeking compensation can be far more difficult.

You’ll be negotiating directly with the company’s officers if the trucking company involved in your accident was self-insured. Dealing with the officers of a self-insured trucking company can be far worse for an unrepresented plaintiff. What we’ve often seen is that the amount of an officer’s salary usually depends directly upon the self-insured trucking company’s profits. What that means is, if an officer elects to pay your claim, the chances are that his paycheck will take a direct hit. In other words, such an officer may have a vested interest in seeing your claim severely lessened or completely denied. Unlike an insurance company’s adjusters who are professionals bound by a code of ethical conduct, no such guidelines restrict the conduct of a self-insured trucking company’s officers. These people have been known to tamper with evidence, threaten accident victims, and harass witnesses in order to avoid paying claims. What Happens When The 18 Wheeler Driver Lies?

For truckers, driving is their livelihood. If they get a reputation for accidents, negligence or incompetence, they won’t work anymore. Who would want to hire someone who has million dollar accidents? So you can bet that when there’s a wreck, many truckers who are found responsible for causing wrecks are fired. They know this. That’s why truckers will sometimes lie in order to avoid responsibility and maintain their livelihoods. In so doing, they will frequently blame accident victims like you for causing wrecks, or will look to pin blame onto any other party that may have been involved in the San Antonio commercial trucking accident.

You run the risk of losing your claim if the trucker in your case is lying and you can’t prove otherwise. That’s why it’s absolutely critical to be able to expose the trucker’s lies for the judge and jury. San Antonio 18-wheeler accident lawyer Michael Grossman at ———————- can help you validate a truck driver’s story. We’re often able to uncover enough evidence to prove that the trucker’s story doesn’t add up. If we can find the overwhelming contradictory evidence to the trucker’s prevarication, the judge and jury are unlikely to believe the trucker. When the hard evidence isn’t enough, we use depositions to get to the truth that the trucker is trying to cover up. We’ll grill the trucker in your case to get him to come clean before your trial. Why You Should Consider San Antonio Truck Accident Litigation

For starters, when you hire an attorney who brings a San Antonio personal injury lawsuit against a defendant in an 18 wheeler accident, it gives injured accident victims the potential to recover financially for their losses. The losses following truck accidents are frequently financial, too. Accident victims will likely face high medical bills and repair bills following a wreck. If a truck accident victim is unable to return to work while recovering from injuries, these bills can mount up due to the combination of lost wages and medical expenses. Filing a lawsuit against a defendant can help you with the financial aspects of your recovery. Getting paid by the party responsible for an accident goes a long way in helping a victim and his or her family get back on their feet again.

No one will volunteer to pay you money. If you want to recover, you’ll need to fight for your rights and you’ll need an experienced advocate on your side like San Antonio Texas 18-wheeler accident attorney Michael Grossman.

There’s a second reason to file suit – punishing the guilty party and ensuring that they take steps to ensure that no one else gets hurt as you and your family did. When you file a Texas personal injury lawsuit against the individual or entity that caused your accident, your injuries won’t be suffered in vain. You’ll be punishing the responsible party, and holding that party accountable for their actions. If they suffer enough in court, this may diminish the likelihood that the party will make similar mistakes that put other families in danger in the future.

Trial and settlement are the two ways you can win your claim and get compensation for your damages. While the Texas Civil Practices and Remedies Code provides the right for someone who has been injured in a trucking accident or the family of someone who has been killed to seek compensation for the harm done, the law doesn’t say compensation should be handed over whenever a victim claims an injury. The plaintiff must first prove the liability of the party responsible for the accident and the injuries that were inflicted as a result of the accident.

Furthermore, the plaintiff holds the burden of proof for demonstrating that the compensation requested fairly represents the damages suffered. The insurance company will do everything it can to deny the plaintiffs claim or debate the level of restitution sought. The best way for a victim to ensure full compensation is to find assistance from a San Antonio 18 wheeler accident law firm with attorneys who know how to prove liability and determine equitable damages, or can work to convince the defendant to offer a fair, out-of-court settlement to the plaintiff.

In a settlement, the plaintiff and the defendant avoid the need for trial by negotiating and reaching an agreement without the assistance of a judge or jury or the cost of a trial. Usually this means the defendant voluntarily agrees to pay the plaintiff a particular sum of money and, in exchange for the money, the plaintiff promises not to sue the defendant in the future for more money for injuries that resulted from the same accident.

Accepting a good settlement offer is highly beneficial to an accident victim, but you don’t want to accept a bad settlement. When you elicit and accept a fair settlement offer, you’ll usually get your money much faster than you would have had your case gone to trial, and accepting a fair settlement offer means avoiding the uncertainty that’s always present when you entrust the fate of your claim to a panel of randomly selected jurors. But there’s a problem: getting a good settlement offer from a defendant usually isn’t easy and typically requires the assistance of an San Antonio 18-wheeler accident lawyer like Michael Grossman.

Defendants won’t want to pay you anything unless they know you have a sure case that will cost them more if they go to court and may stand to lose the case before a judge and jury. In addition to whatever they have to pay, they are out court costs, attorney’s fees, or other costs. Because of this, they’re rarely motivated to volunteer to pay you money in a voluntary settlement unless they’re nervous that they will lose if they face you at trial. So, naturally, the best way to make a defendant nervous is to have strong evidence and a lawyer with an excellent reputation on your side.

A fair warning though about settlements: When they’re offered before you have a lawyer, don’t even think about accepting them. The defendant in your case may try to convince you to accept a bad settlement offer, and while a good, earned settlement can benefit accident victims, bad settlements, also known as unmediated settlements, can permanently strip you of your legal rights. They require you to give up your ability to sue the defendant for what your case is really worth.

Defendants hope that you’ll accept small amounts of fast cash that they dangle in front of you in full satisfaction of their liabilities. They may claim that their offer is all that you’re entitled to or the best that you’re going to get. This is a lie perpetrated upon unsuspecting victims who are likely in need of quick cash and may be in a vulnerable position. If the defendant in your case offers you a settlement and you haven’t hired a lawyer, chances are that they’re trying to dupe you. An experienced San Antonio 18-wheeler accident lawyer can tell you how much your case is worth and help you evaluate whether the defendant’s offer is truly fair. Be sure you speak with a lawyer before you give up any of your legal rights.The Trial Process for an 18-Wheeler Wreck in San Antonio, TX

If you go to court, the plaintiff bears the burden of proof at trial to prove that the defendant should be held responsible for the plaintiff’s injuries. If the burden of proof isn’t sufficiently met, the defendant in a case wins by default and you receive nothing. It’s this heavy burden placed on a plaintiff’s shoulders that makes it true that you don’t want to represent yourself in court under any circumstances, and this is especially true in cases as complex as truck accident litigation.

You need a strong trial strategy, a compelling body of evidence presented in a way that it won’t get thrown out, and a lawyer experienced with the tactics defense lawyers use in these kinds of truck accidents. You have to have both evidence and trial strategy that prove the four elements of a truck accident claim in a compelling way that convinces a jury and the judge. Making Your Case in Court

In court and in a trial, we say you have to “prove” duty. Proving duty means showing that the defendant in your accident owed you some particular duty of care to act in a way that wouldn’t cause you harm. The duty of care that people owe to protect others is dictated by the law. It depends largely on the circumstances of the situation at hand and on the relationships between the parties themselves.

The second element to prove of your claim is what we call “breach.” Once you’ve proved what duty of care the defendant owed, we’ll need to show that the defendant’s conduct breached that duty of care in the accident. This is where a lot of the physical and record evidence comes into play, whether we’re talking about the trucker, the trucking company, or a third party. Now you’ll have to show that the defendant was negligent in some manner. This is an important step to proving the defendant’s liability. To prove breach, you’ll need to present evidence to the court regarding precisely what the defendant did or failed to do. Then, the jurors will decide whether the defendant’s actions were severe enough to constitute a breach of the duty of care that he owed you.

Proving the third element, causation, means proving that the defendant’s negligence was the cause of your injuries. As you saw, many parties have a hand in preparing an 18 wheeler for the road and there can be many individuals on the road at the time an accident occurs. Consequently, multiple parties may have had varying degrees of liability for a semi-truck wreck in San Antonio.

Finally, you must prove your damages. The term “damages” refers to the money that the defendant will pay you if you win your case before the jury and judge. You may be entitled to collect damages for injuries such as pain and suffering, medical bills, repair bills, lost wages, loss of earning capacity, and other losses you may have suffered as a result of your accident.

It isn’t enough to simply ask for reimbursement; you’ll need to prove what you’re entitled to. This involves calculating the total amount of your losses. It means bringing evidence of your injuries to court to support your calculations. The defendant will assert that your demand is an inflated sum and essentially amounts to a request for a handout. To prove the defendant’s calculations are merely last-resort attempts to avoid his legal responsibility, you need evidence to support your demands. Calculating damages is frequently no simple task for non-attorneys or even inexperienced lawyers.

Finally, it’s often a challenging task for non-attorneys to put a price tag on ambiguous intangible losses such as pain and suffering. Calculating loss of earning capacity can be another obstacle for the inexperienced. Damages for loss of earning capacity are designed to compensate a plaintiff for the wages he won’t be able to earn in the future as a result of being unable to return to his job after an accident. In the event that damages for lost earning potential are sought due to a debilitating injury, you also need to account for factors such as the time value of money and promotions and raises that the victim would have received had he been able to continue to work.

You need more than legal knowledge of trucking accident laws to succeed with trucking accident litigation. Actually, legal knowledge comprises only about 20 percent of the expertise required for success in personal injury cases. More importantly, successful litigation requires knowledge of procedure and the strategy necessary to battle the insurance companies and defense lawyers. Insurance companies will only agree to a settlement that benefits you if you are protected by an attorney with a history of success in court. Our San Antonio 18 wheeler accident law firm has won hundreds of cases against nearly every major insurance company in the country.Call San Antonio 18-Wheeler Accident Lawyer . We Can Help.
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San Antonio Truck Accident Lawyer //–>Our Attorneys Can Help If You’ve Been Injured in a San Antonio Accident with a Commercial Vehicle

Commercial trucks are a constant companion to all drivers on the roads in and around San Antonio, Texas. Traveling down I-45, I-10, the Sam San Antonio Tollway, or Loop 610, 18-wheelers are an integral part of American society, especially in regards to major shipping and receiving cities like San Antonio.

Without the services and goods that commercial truck drivers provide, Americans’ quality of life would suffer. Unfortunately, 18-wheeler accidents are a common occurrence that can severely affect a victim’s quality of life. With the sheer number of commercial trucks on the roads today, coupled with legislation that allows drivers to spend up to 11 hours driving per day, semi-truck wrecks often have a high probability of occurring over time. When issues like drowsy driving or drunk driving are a factor, 18-wheeler collisions are even more likely to occur, and more likely to result in severe personal injury or death.

San Antonio truck accident lawyer Michael Grossman offers this article to further inform you about the dangers of trucking accidents in San Antonio, the legal issues involved in 18-wheeler wreck cases, the rights of an injured victim or a bereaved family, and the legal options that an aggrieved party may pursue in the aftermath of a San Antonio commercial trucking accident. The east Texas 18 wheeler wreck lawsuit attorneys at ———————- bring 20 years of relevant experience to every trucking accident case they take on. Through these many years of helping victims of trucking accidents and family members of victims who have lost their lives due to fatal trucking accidents in Texas, San Antonio truck accident lawyer Michael Grossman and his team at ———————- have the knowledge and experience to help you seek compensation for your injury or loss while working to see justice served against those responsible for the Texas truck accident.Who’s Responsible for an 18-Wheeler Wreck in Texas?

One of the first issues that any affected victim of a San Antonio semi-truck wreck wants to know is who’s responsible for the wreck. The answer to that question is seldom as easy as pointing a finger to an alleged negligent truck driver. There are many distinct ways that an 18-wheeler wreck resulting in injury or death is drastically different from a passenger-vehicle only wreck causing injury or death. The issue of liability is one the of the distinctive differences between these types of accidents. For example, an otherwise normal car crash is often the fault of one driver. Consequently, an injured victim can sue the driver for any incurred damages. While there are certain instances where a victim may be able to pursue legal action against other liable entities, this is not the norm for auto accident cases.Truck Drivers and Trucking Companies

However, trucking accidents in Texas often involve multiple parties. When a negligent truck driver is responsible for a wreck, both the trucker and their employer can be held civilly liable for the results of a tractor-trailer crash in San Antonio, or anywhere else in Texas. Even though the trucking company was not directly involved in the accident, they will bear vicarious liability for the accident due to the legal notion of “respondeat superior.” Latin for “let the master answer,” this legal doctrine in Texas law holds that an employer is held liable for the negligent actions of an employee so long as such actions occurred in the course of their employment. Such liability exists with an employer regardless of whether or not the employer was specifically negligent in any way. Further complicating legal matters in the aftermath of a Texas trucking accident, a liable trucking company will, more often than not, also hold a substantial insurance policy on their fleet. Consequently, an 18-wheeler accident personal injury case or wrongful death lawsuit will likely involve three defendants from the very outset: a truck driver, a trucking company, and a trucking company’s insurer. Specific cases must be constructed against each unique entity so that an aggrieved party can stand to receive fair compensation for their injury or loss.Cargo-Loading Companies, Route-Planning Companies, Product Manufacturers

On the other hand, some semi-truck accidents are not the fault of a truck driver. For instance, some trucking companies utilize the services of other companies in order to accomplish specific work-related tasks. An outside cargo-loading company may be used to both load and secure cargo onto a truck. If such loading is performed negligently, or cargo is not properly secured, and an 18-wheeler rollover accident occurs resulting in injury or death, whether to the truck driver, a truck passenger, or a person in another vehicle, the cargo-loading company can be held liable for the accident. Route-planning companies are also routinely used by commercial trucking companies. If a truck driver follows a prescribed route and strikes an environmental hazard, or suffers an accident due to following the route, the mapping company could bear liability for the wreck. Furthermore, a product liability lawsuit may be brought against a product manufacturer if a mechanical issue, caused by a defective product, leads to an injury accident or a fatal 18-wheeler accident. However, if a faulty part contributes to an accident, the entity tasked with proper maintenance of the truck may be held liable. Such an entity may or may not be the trucking company itself.Assessing Liability Requires an Exhaustive Investigation

Regardless of who may be ultimately responsible for a San Antonio semi-truck accident, a thorough investigation must be made into the accident site in order to determine who the liable parties are. Liability cannot be properly assessed without the work of such an investigation, especially in regards to San Antonio 18-wheeler accidents that are likely to have multiple liable parties. Lesser experienced attorneys with little to no experience in trucking accident cases may not know what to look for in an 18-wheeler accident site, or even know to look for the possible involvement of other parties that may not have been directly involved in the wreck. San Antonio truck accident lawyer Michael Grossman has two decades of experience in 18-wheeler accident cases. With investigative resources at his disposal, he and his team at ———————- will work hard to ensure that all liable parties are identified so that they can be held accountable for the injury or loss they’ve caused you. Discovering the liable parties is an integral part of any civil action since each liable party will be held responsible for awarding their fair share of compensation to an injured victim or a bereaved family should an aggrieved party receive a favorable outcome to their legal pursuit.The Involvement of Insurance Companies in San Antonio Commercial Truck Accidents

As previously stated, an 18-wheeler accident is likely going to involve the trucking company’s insurer. Texas commercial trucking companies are required to purchase insurance coverage for their fleets and drivers. However, unlike insurance policies that cover passenger vehicles, trucking insurance policies are quite large. In fact, such policies can often be worth 50 times more than an insurance policy that covers a passenger vehicle. Trucking insurance policies must valued so high due to the amount of damage that 18-wheelers can accomplish in a wreck. Property damage, personal injury, and death are all-too-common results of semi-truck accidents in Texas. Consequently, a trucking insurance policy must be able to cover the expenses of even the most costly of accidents.The Consequences of High-Dollar Trucking Insurance Policies

Such a high-dollar insurance policy may inadvertently lead an injured victim to assume that their expenses will be fully taken care of in a short amount of time. In other words, since the insurance policy is capable of covering the victim’s incurred financial losses, then the insurance company, a victim might assume, will gladly award them just compensation for their injury or loss. Unfortunately for the victim, this scenario seldom occurs. It is actually due to the high-dollar nature of these insurance claims that an insurance company will work as hard as possible in order to not be held ultimately liable for the payoff of the claim. Despite some appearances, an insurance company is a business that exists to turn a profit. Such progress can often be made by seeing large-sum claims denied or severely diminished, regardless of an aggrieved party’s real need for proper compensation for their injury or loss.Insurance Adjuster Tactics Following a Texas 18-Wheeler Collision

When an insurance company is on the line to resolve a claim brought by a victim of a San Antonio 18-wheeler accident, they will likely send their most veteran insurance adjuster to work the claim. Such an adjuster is seldom if ever anything similar to your own neighborhood auto insurance agent. With years of hardening experience in their side, such an insurance adjuster’s goal is often single-minded: to save their company as much money as possible. To this end, they will employ certain tactics meant to see a claim wholly dismissed or greatly decreased. For example, an aggressive insurance adjuster may interrogate a victim of an 18-wheeler accident, asking repeated questions in slightly varying ways. While it may appear that they’re simply trying to dig to the truth of an accident scene, such an interrogation is often used as a means for an insurance adjuster to use a victim’s words against the victim. Through such inquisitive prodding, an adjuster may be able to get a victim to inadvertently admit to a degree of liability for an accident. If even a small degree of liability can be passed from their client to the victim, a substantial decrease in the amount of possible compensation awarded to a victim can be incurred. If more than half of the liability for a semi-truck wreck can be found to have existed with a victim, a victim’s claim can be completely denied. In such instances, it can be vital toward a victim’s rights that they have proper legal counsel, like San Antonio Texas truck accident lawyer Michael Grossman, that can ensure that they’re not being taken advantage of by an aggressive insurance adjuster.

When a trucking insurance adjuster is not able to stake liability onto another party, they may attempt to offer a victim an unmediated settlement. Such a settlement is often woefully short of the true value of a personal injury lawsuit or a wrongful death lawsuit. In other words, this type of unmediated offer is seldom commensurate with the actual incurred financial losses of a victim of an 18-wheeler accident. It is a shrewdly calculated move on behalf of the insurance company to make quick and cost-efficient work of a trucking accident insurance claim that could result in their company losing millions of dollars. Such an offer is meant as an enticement of sure, quick money to an injured victim or a grieving family. It may even be offered in the immediate aftermath of an 18-wheeler collision, when an aggrieved party may still be in shock or otherwise emotionally distracted, so that an adjuster can catch a victim off-guard. These types of settlements are often offered in return for a victim signing away their rights to pursue any legal action. When such an offer is accepted and a victim has voluntarily signed away their rights, there is little to nothing that any attorney can do to help that victim seek further legal action. If you have been approached by an insurance adjuster with a settlement offer, enlisting the help of an experienced Texas trucking accident attorney is in your best interests, as such a truck wreck lawyer can look over any offer and inform you as to whether or not it is a fair offer for your incurred financial losses.Highly Experienced Defense Attorneys in Commercial Trucking Accident Cases

In addition to the challenges that insurance adjusters can pose to 18-wheeler accident cases, such adjusters and trucking companies will likely have experienced defense attorneys on-call that are ready to descend onto a semi-truck accident site. Such defense attorneys may be able to respond to an 18-wheeler accident site quite quickly, so quickly, in fact, that an injured victim may not have even had time to consider contacting their own legal representation. One of the ways to ensure that your rights are being protected is to contact a truck accident lawyer in San Antonio following the immediate aftermath of a wreck so that someone on your side can conduct a thorough investigation into the accident scene. Furthermore, experienced defense attorneys that work 18-wheeler accident cases will often be quite aggressive in the pursuit of winning a case. You will likewise need a legal ally on your side that can argue just as aggressively, on your behalf, against such defense lawyers.Difficult Truck Drivers and San Antonio Trucking Accidents

Another common challenge in seeking legal action against a negligent truck driver for an injury truck accident or a fatal truck accident in Texas is the fact that some truck drivers, when faced with the possibility of losing their job, will lie about their involvement in a wreck. In our two decades of experience in helping victims of Texas 18-wheeler accidents, we’ve heard nearly every truck driver story imaginable. Through careful depositions and thorough investigations, we’re often able to get to the truth of an accident scene in order to verify a truck driver’s story. ———————- works hard to ensure that relevant evidence and eyewitness testimony is obtained so that a strong and robust case can be constructed against any and all negligent parties.Self-Insured Trucking Companies in Texas

While all Texas trucking companies must carry some form of insurance, truck companies in Texas are not required to purchase such insurance from an insurance company. Some trucking companies choose to set aside a portion of their assets to be used as insurance in the event of a truck accident resulting in injury or death. However, these self-insured truck companies can sometimes resort to rather unethical behavior due to the fact that they do not have to maintain the standards that are in place for traditional insurance companies. Such unethical behavior can occur when a victim suffers from threats, a witness to an accident is badgered, or evidence is deleted, removed, or otherwise altered in order to skirt liability. ———————- has assisted victims in the past who have been mistreated in these ways by a self-insured trucking company. When such mistreatment occurs and our Texas trucking accident attorneys get involved, we will pursue legal measures in order to get the negligent trucking company to begin acting ethically so that our client no longer has to suffer from the unfair advantages a self-insured trucking company often creates for itself. Had these past clients contacted us before attempting to seek action against these companies on their own, we likely could have saved them from much wasted time and frustration.Can I Represent Myself in an 18-Wheeler Accident Case?

After reading this article, we hope that the answer to this question is self-evident. There are often an incredible number of fluctuating variables involved in a San Antonio personal injury lawsuit or wrongful death civil suit in connection to an 18-wheeler accident the results in injury or death. Who’s liable? How many liable parties are there? To what degree is each party liable for the results of the accident? How will an investigation on my behalf be conducted? What are my damages? Is the insurance adjuster telling me the truth? Should I accept this settlement? What have defense attorneys found? Is the truck driver lying? What happens if I go to court? These are just a few of the many questions that must be answered in order for effective legal action to be taken against a liable party. Inexperienced lawyers and non-attorneys simply do not have the proper experience and knowledge to be able to purposefully pursue legal action against those responsible for their injury or loss. Furthermore, proper trial experience and an attorney’s earned reputation are two factors that can be instrumental toward the success of a civil suit. San Antonio truck accident lawyer Michael Grossman has a respected reputation after working for the last 20 years to help victims of 18-wheeler accidents in Texas and throughout the country. While he and his team at ———————- work to secure fair out-of-court settlements for their clients so as to save them from the added expense of time and money that is associated with the trial process, he also has an extensive history of courtroom experience that makes him a formidable foe to any defense attorney.Next Steps if You’ve Been in a San Antonio 18-Wheeler Wreck

First, preserve evidence. Semi-truck accident sites are often some of the most wreckage-strewn and complex accident sites imaginable. Preserving evidence means contacting a San Antonio TX truck accident lawyer that can work to investigate an accident site in order to ensure that no relevant evidence is lost due to the passage of time or the unethical behavior of a liable party. Consequently, the sooner that you’re able to contact a San Antonio truck accident attorney, the more likely it often is that such evidence can be located so that a robust case can be constructed against any and all liable parties. When ———————- is hired to assist a victim of a tractor-trailer wreck in San Antonio, we will inspect each vehicle involved in the accident, take accident scene measurements, search for surveillance video or photographic evidence, take depositions, find witnesses, and extract information from data-logging devices. Essentially, we will do what is necessary in order to fully investigate an accident site so that each liable party can be discovered and held accountable for their negligent behavior.

The importance of quickly contacting ———————- following an 18-wheeler wreck in San Antonio, Texas cannot be overstated, as the following story shows. A past client was involved in a tragic 18-wheeler wreck that caused him severe personal injury and also resulted in the death of a passenger in his car. Our client was the driver of a passenger vehicle that suffered an underride accident when his car was forced underneath the trailer of an 18-wheeler that was attempting an unusual and hazardous turn at night. We were contacted to lend our help shortly after this devastating accident occurred. We flew to the scene of the accident to inspect our client’s car, which had been towed to a local junkyard. Once there, we noticed that his headlights were completely missing. We were able to secure surveillance video footage that showed a representative from the negligent tricking company visiting the junkyard and removing our client’s headlights. With this evidence we were able to help our client when the defense attempted to press liability onto him due to his car’s lack of headlights. We later learned that the surveillance video that had been so instrumental in connection to this devastating 18-wheeler accident case was set to delete itself shortly after we had viewed it. Had our client not contacted us quickly, and had we not been able to respond in kind, vital evidence may have been lost. This is but one story of many that we could share in regards to the necessity for quick movement in the aftermath of an injury trucking accident or fatal 18-wheeler accident.The San Antonio 18-Wheeler Accident Law Firm of ———————- Can Help You

If you have been injured due to a commercial trucking accident in San Antonio, you likely have merit in seeking compensation for your injury, that can assist you with issues like past and future medical bills, pain and suffering, and lost wages, through a personal injury lawsuit. If you have suffered the loss of a loved one due to a fatal commercial truck wreck in San Antonio, you likely have merit in seeking compensation and pursuing justice for your loss through a wrongful death lawsuit. While certain challenges will exist that are unique to each type of civil lawsuit, the issues presented in this article are likely to be present in any legal action sought against a negligent party responsible for an 18-wheeler collision in Texas. Consequently, an aggrieved party can likely stand to benefit from the legal help of an experienced San Antonio truck accident lawyer like Michael Grossman. Should you have further questions about your legal options, contact ———————- toll-free at . A legal professional is available to talk to you at any time of the day, on any day of the week. Through our free legal consultations, we can help inform you about your possible legal next steps. If you’re able to proceed with seeking legal action, we can help you start that process so that you may be able to receive fair compensation for your injury or loss. With 20 years of relevant experience in Texas trucking accident cases, we know we can help.Some of Our

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San Antonio Injury & Wrongful Death Lawyers. Conroe Truck Accident Lawyer : Commercial Vehicle Accident Attorney in Texas //–>Call Our Truck Accident Attorneys if You’ve Been Injured in an Accident With a Commercial Vehicle

Go through the Conroe area and you’ll probably find plenty of law firms that would take on your truck accident case, but there are even fewer who can honestly say they have decades of experience handling 18-wheeler and other commercial vehicle accident cases.

There is an exception. The Conroe truck accident lawyers of ———————- have been working truck accident litigation for over two decades now prevailed in countless cases.

You’re probably unaware that commercial vehicles are found in many shapes and sizes. We’ve succeeded in personal injury and/or wrongful death claims involving rock haulers, dump trucks, all kinds of construction vehicles, moving vans, buses, tankers and other kinds and shapes of commercial vehicles. Despite the different kinds of commercial vehicles out there, these types of cases have some things in common:

They typically are larger and create additional harm than regular vehicles.

Different laws oversee them than those involving regular cars.

Last but most key: they are owned by huge businesses that will form a stout defense aimed at denying plaintiffs from getting any credible compensation.

We prefer to fight fire with fire. If you want your Conroe truck accident cases to have the best ability to be successful, you need to retain a law firm that doesn’t just have experience, but the skills, smarts and track record at knocking off the opposition in trial or forcing them to take a fair settlement that they usually would spend loads of effort in avoiding paying.

If you elect to have ———————- help you in your Conroe truck accident case, you’re obtaining 20 years of experience from qualified lawyers who have prevailed in hundreds of truck accident cases (and thousands of personal injury cases overall) throughout the year.

We’re providing you with this information to help you learn more about the case flow process that’s involved in a commercial vehicle accident case, and discover some of the key issues you’ll encounter in getting a successful recovery.How Truck Accident Cases Work

Overcoming any accident is difficult, but there aren’t many accidents that cause the same amount of carnage caused by truck accidents. Commercial trucks in Conroe weigh in excess of 80,000 pounds, so incredible damage happens when they’re a part of accidents. Since truckers receive hourly pay, they tend to work extended hours without breaks, which create more problems with concentration and alertness, plus additional accidents, injuries, damaged property and the occasional death.

Over our two decades in practice, the Conroe truck accident lawyers at ———————- have been working personal injury litigation concerning trucks, and we realize that victims have a multitude of medical and legal questions they’re seeking answers for after they’ve been hurt or had a family member die in a Conroe truck accident. What’s key here is making sure you’ve looked at by a physician after your accident happens. You’re not just needing help for your injuries, but also to make sure they’re officially recorded. If you have no medical insurance at the moment or barely have insurance, we can help you discover a doctor who will help you with your financial issues and develop a payment plan that will go along with your budget.

After your injuries have been examined, you need to start thinking about your legal options in getting the compensation for the injuries you’ve incurred. The law doesn’t require that negligent parties have to instantly pay for your injuries. The victim, also referred to as the plaintiff, has the duty to show they deserve to be compensated. Only an experienced Conroe truck accident lawyer provides you with the best odds of obtaining the compensation you deserve. Before anything else, our Conroe attorneys want to see to it you know about your legal options so you can make the best choices for your family. First, we want to discuss the different parts of truck accident law:

Why you should file a suit.

People who are often liable for truck accidents.

Requirements for a quick and top-notch investigation.

Challenges that will destroy the claims of people who want to self represent.

How a Conroe truck accident lawyer can help you.

This article is meant to provide insight, and you shouldn’t use it as a replacement for the legal wisdom obtained from a skilled, veteran lawyer when it comes to your case. To discover how the law matters in your particular case, call us toll free today at 1-855-392-0000 to obtain answers for your particular questions.Why You Should File a Truck Accident Injury Lawsuit

Our Conroe lawyers know about the incredible emotional and physical trauma caused by Conroe truck accidents. Because of our time devoted to this field, we’ve discovered that the majority of truck accident victims are nervous about seeking legal action because they don’t like the idea of putting a price on their injuries and this mess causes them to think back to that awful memory. Filing a claim may be a tough, stressful experience, but we’ll see later in this piece that swift action is necessary to your claim being successful so you have to take quick action after the accident unfolds.Did You Know?

Michael Grossman has been fighting for 18 wheeler accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

Using a lawsuit to deal with the harm caused by a Conroe truck accident achieves two objectives: the first is that it allows the injured victim to recover from the financial and emotional stress caused by the accident and also punish those responsible for these problems with their negligent choices.No sum of money can take away the pain created by your accident or overlook the harm caused to you mentally, but the fact is that you’ll still have serious financial issues to deal with. The only way your family will return to normal after horrific wrecks like these is to get compensation from who’s responsible. Odds are you’ve missed work due to your injuries, so dealing with medical bills for your injuries and repair costs for your car can be difficult unless you’re aware of who exactly was responsible for your injuries.

The other objective is that a truck accident lawsuit in Conroe has the chance to decrease continued negligence by seeing to it those people who caused your accident face justice. People who have lots huge amounts of money in Conroe truck accident lawsuits usually won’t make the same decisions again. To make sure you get someone’s attention, you have to hit their bank account.Common Negligent Causes of Truck Accidents

If you’re trying to figure out who you should sue, the first step is determining how the accident took place and who was accountable. Lots of people play a part in transporting goods by a big rig, so in many Conroe truck accident cases for example, more than one person or business may have acted in a negligent fashion that led to or played a part in a Conroe truck accident. An experienced Conroe truck accident lawyer can turn to their years of experience gained through all their litigation of truck accident claims to properly figure out how your accident happened and who all played a part in it. Any amount of negligent parties could have factored into your Conroe truck accident: the truck driver, the trucking company, manufacturers of the truck or trailer, the company that maps the truck’s route, the company that loaded the cargo onto the truck and other possible third parties. For instance:Truckers – Truckers spend loads of hours, traveling throughout our highways and interstates and in most Conroe truck accident cases, they are usually responsible either completely or partially for the resulting injuries. Truckers can create accidents by acting in negligent ways such as: driving under the influence, speeding, disregarding stop signs, or dangerous swerving. Other times, Conroe truck accidents occur due to the driver simply being drained. Federal law requires that trucks take mandatory rest breaks, but the majority of truckers ignore that so that can meet certain specific company deadlines. Studies show that trucks increase their chances of being a part of an accident after eight consecutive hours of driving and 20 percent of truckers say they fell asleep more than once in the month before they participated in a survey. It could have been an accident, or intentionally, but either way – if a trucker’s negligence resulted in an accident that harmed you, then you can pursue a lawsuit against that individual.

Trucking Companies – Texas follows what’s known as respondeat superior, which means that employers can be ruled responsible for the actions of their workers. If the truck driver’s negligence was the cause of your accident, then the trucking company could also wind up being responsible. So if a truck driver, for example, had several prior DUI convictions and was liable for another accident while smashed, then the trucking company would definitely be responsible for any injuries stemming from the accident.

It’s important to realize the trucking company doesn’t have to behave negligent to be ruled responsible for the poor actions of its truck drivers. So, as long as the truck driver is deemed negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want damages from due to their access to far more assets.

Manufacturers – Trucks and trailers are constructed by tons of tiny parts, all bolted and fit together to make sure the vehicle moves safely. If any of these parts doesn’t perform like they’re supposed to while the truck is operating, then an accident can occur. If this issue was because of a design defect or manufacturing error and an accident takes place, then anyone hurt in the accident has the option to be compensated by the manufacturer.

The Company that Planned the Route – Many times, the company that makes the cargo has no problem with the loading, but there are occasions when other businesses assume that responsibility. If the company that loaded the cargo did so in a poor manner, this can lead to an accident create injuries that the company would be responsible for. Cargo in 18-wheelers is limited to an 80,000 pound weight limit, but many businesses attempt to transport additional goods at a lower cost by disregarding this rule. Weight limits are established for a purpose because an overloaded truck has a far greater potential to topple when an accident happens.

When the company loading the cargo onto the trailer doesn’t fasten it down right, the cargo can become loose during travel, causing a load shift that overturns the trailer and leads to an accident with other vehicles. When you’re talking about flatbeds, cargo that’s loaded bad can crash onto the road and cause sudden panic for numerous unsuspecting drivers who are driving behind the truck.

Other Drivers – It’s dangerous to think that since another truck was part of an accident that that means the trucker or the actual truck was responsible. Sometimes other drivers ignore their duty to keep other drivers safe on the road, and a Conroe truck accident suddenly unfolds, causing further damage and injuries to more drivers. When this happens, the victims can pursue damage from this third party.

Any of these parties or combinations of numerous ones could have partially or totally been responsible for the Conroe truck accident that harmed you. You need the help of a qualified Conroe truck accident lawyer who can figure out the cause and off the key defendants, so you can receive the compensation you’re rightfully owed from all the key parties who hurt you with their negligence.Prompt Investigation Is Key

If you want to get all the important evidence to identify all the key parties and prove your case properly after being hurt in a Conroe truck accident, then it’s important to do a quick and first-rate investigation. Numerous parties could have played a part in the wreck that injured you, so a diligent investigation will be done to figure out who’s at fault and their specific degree of negligence. It’s essential to locate proof to make the jury be swayed in your favor and rule for you, and evidence begins to disappear promptly after an accident. You need to have your Conroe truck accident lawyer searching for evidence immediately if you can. Every day you hesitate and don’t get a trustworthy lawyer the more permanent damage you’re inflicting on your case because the proof you want is disappearing – witnesses can relocate or their memories become fuzzy, videos will be copied over or deleted and the accident scene will evolve as well.

Our Conroe truck accident lawyers at ———————- have invested two decades in become experts at how to investigate accident scenes. Once we’re hired we go to the accident, free of charge to clients, so we can look for any evidence that strengthens our client’s case. We do what’s needed to discover the truth – securing and searching for all the mandatory vehicles, getting photos, searching for video evidence, scouring police records, taking measurements between skid marks and where the vehicles collided, conducting forensic tests, spotting and talking to witnesses and getting any other credible evidence that can be used later in court.

You need to understand you’re probably already well behind the case and investigation that’s been done by the defense. What happens is generally the trucking or insurance company quickly sends their investigators to the accident scene not long after the trucker phones it in. The defense investigators aren’t concerned with how the accident happened; they just want evidence that backs up that your injuries were a result of your own negligence. If you don’t have your Conroe truck accident attorneys at the scene undertaking their own investigation, you’ll not be able to see if there was any evidence tampering or if the defense’s investigation was done in an honest manner. If they can locate evidence that proves your negligence, then they can reject your insurance claim if they can show you were completely at fault, or have the damages lessened if they can show your negligence was a contributing factor.

One case we recently handled in Conroe illustrates why you need to do a speedy and thorough investigation. In this matter, our firm was hired by the driver of an SUV after he was a part of a night time accident involving an 18-wheeler. The trucking company was trying to say our client had no headlights installed in his vehicle when the accident happened. Once we began working the case, our client’s totaled car had been removed from the accident scene and towed to a nearby salvage yard. When our Conroe attorneys located the car at the junkyard, they saw it definitely had no headlights. We were concerned about our client being able to get any compensation, but at that moment our investigators saw a surveillance system in the salvage yard and managed to secure some video footage. We were fortunate, because this exact system was designed to record over its memory every 48 hours and we managed to get our hands on it before it was erased. The video revealed a worker from the trucking company coming in late at night, then illegally taking the headlights out of the car and leaving the premises with them. Once the trial started and the trucking company’s defense council attempted to say our client’s car had no intact headlights, we had physical evidence that serve as proof of the deception taking place and managed to get compensation for our client. If our client had waited much longer to hire us, the video would have been missing, the chances of receiving restitution would have ended and the trucking company would have managed to get away with felonious evidence tampering.

Our Conroe attorneys regularly encounter such lies and deception when it comes to Conroe truck accident cases, so you need to hire a lawyer and let them begin a speedy and thorough investigation as fast as possible. Sometimes there’s still a chance for our investigators to find the necessary proof well after an accident occurred, but the faster we can start an investigation, the better odds we have of securing the proof needed to get the compensation you deserve. Don’t hesitate any longer in discussing your case with a Conroe truck accident lawyer.Common Obstacles Plaintiffs Must Overcome

You may have filed an insurance claim after your everyday car wreck, but that doesn’t instantly qualify you to work a truck accident lawsuit by yourself. Trucking insurance policies are deemed 50 times more expensive than a normal auto insurance policy. Due to the enormity of these insurance policies, litigation to handle Conroe truck accidents is way more complex than what you’ll find in normal passenger car cases. Plaintiffs who attempt to save money on lawyer’s fees by handling their own case eventually cost themselves financially with lessened or totally denied compensation. People with no legal experience and lawyers fresh out of school wind up confused and puzzled when they attempt to file lawsuits following truck accidents because of many factors: showing the burden of proof, the huge size of insurance policies, companies that choose to self insure and truckers who lie.Burden of Proof

Defendants don’t have to immediately pay you a dime after you’ve been injured in a Conroe truck accident, the law states, unless you as the plaintiff are able to prove they need to.If you want to get the fair restitution you deserve for your injuries, you’ll have to submit rock solid, credible evidence. Even when other types of negotiation are used to deal with a claim, evidence still needs to be submitted so the defense or insurance will work in good faith. You’ll have to show each of these four elements in a Conroe trucking accident case:Duty – The first part of this long arduous process is having to show the defendant owed you a duty to maintain your safety by acting appropriately. The legal duty of care is set for certain issues and for each person – all based on the specifics of their relationships. In Conroe truck accident cases, showing this element is pretty easy, since every motorist has to operate their vehicle in a fashion that appropriately makes sure other drivers are kept safe, along with pedestrians and passengers on the road.

Breach – The next step if you’re hoping to prove your case is that you’ve got to show the defendant or defendants violated the duty of care you were owed. This happens when the defendant endangers others with actions that regular people wouldn’t have done, or inaction when regular people would be expected to take action. You’ll have to obtain evidence that proves the defendant ignored his or her legal duty of care through action or remaining inactive in hopes of proving this breach of duty happened. That’s why you’ll need a Conroe truck accident lawyer who knows how to use the evidence to properly persuade a jury that the defendant or defendants acted wrongly.

Causation – Along with being able to prove the defendant’s breach of a legal duty, you’ll also have to show your injuries were a result of this duty being broken. Keep in mind that several parties could have played a role or been completely responsible for a Conroe trucking accident, so it requires very solid, credible evidence to persuade a jury that a causal relationship existed between the defendant’s breach of their obligation to you and the resulting harm you sustained. If you can’t do this, then what will happen is the defendant will rip your case apart by moving the blame over to another individual for your injuries. Many times, the defendants tend to avoid blame by shifting attention to the victim for creating their own injuries with their negligence.

Damages – Once the first three parts have been established for a successful Conroe truck accident lawsuit, you finally have to show the damages the defendant owed for the injuries you’ve sustained. In the legal world, damages aren’t about your injuries and your property damages. Damages, in this case, refer to the compensation owed by the defendant due to the harm they’ve created. The plaintiff can pursue damages for medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses that happened in the Conroe accident.

The challenging issue here is that you can’t just ask for compensation you feel you deserve from the court and assume you’re entitled to it. No, you’ve got to show evidence that doesn’t just include your losses, but also how you compiled the monetary value of those damages. Many times, defendants will contest the total amount of compensation the plaintiff is requesting and will come back with their own amount of damages owed that will shrink the monetary value of harm incurred by the plaintiff. If you hope to show the defendant attempted to short-change their damages, you have to provide inarguable proof that your numbers are spot on.

What is the true value of my case? Damages like pain and suffering or loss of earning capacity can wind up being subjective and open for debate, which means that damages can be very complicated for inexperienced people to deal with. It’s difficult compiling a price for issues like pain and suffering or determining lost earning capacity by including the potential value for raises and inflation. In court, you’ll only have one opportunity to total the amount of compensation you’re after. For the past 20 years, our Conroe truck accident lawyers have been totaling damages, and we have gained plenty of comfort by litigating cases similar to yours and we know how to include all your losses and come to an estimation of compensation that adequately provides restitution you’re after.

If you’re unable to show any of these four elements, you can guarantee yourself that you won’t receive the compensation you’re seeking for the injuries you’ve sustained. You need the help of Conroe truck accident lawyers – definitely if you head to trial. All the years of litigating truck accident cases has allowed our lawyers to discover how to build a strong legal strategy to meet the burdens of proof and convince a jury to rule for you.Enormous Insurance Policies

Federal regulations demand that trucking companies secure enormous insurance policies to guard against accidents, injuries and fatalities that happen because of doing business with big rigs. For this reason, lots of people incorrectly think they’ll be able to receive quick compensation and not deal with more problems. Many times that just doesn’t occur. Since insurance policies for trucks are deemed 50 times more expensive than those pertaining to regular vehicles, the insurance companies will usually spend 50 times more resources and energy to safeguard those policies for their trucks.

With all that’s at stake, insurance companies resort to help from their most qualified and savviest insurance adjusters to handle these settlement negotiations. You’ve probably never had to work Conroe truck accident claims, but these adjusters are the elite in their world and deal with these claims on a consistent basis. There’s no one on their level when it comes to taking an accident victim, and manipulating them when they’re in a state of shock. Keep in mind, these victims are quick to trust their friendly local insurance agents. These insurance agents give off a fake friendship and try to get the victim to believe they just want to assist them with getting compensation. First off, though, they’ve got to answer some simple questions. The fact is they don’t want to assist them; they just want to improve company profits and turn down their claim. Next, they bombard you with nonstop questions that simply re-word the same statements, non-stop, in hopes of getting you to screw up and confess you were at fault for your own accident. If they can achieve this, then they can get your claim turned down. The less communication you have with the insurance adjuster, the better, so hire a veteran Conroe truck accident lawyer and allow your legal counsel to deal with those belligerent questions from insurance adjusters. We attempt to always advise clients that you shouldn’t interact with workers from an insurance company without any lawyer there serving as a buffer. If you hire our firm, our lawyers will assume control of all conversations involving the insurance company and safeguard you from any opportunity for you to admit any wrongdoing.

Sometimes aggressive adjusters will even try to get accident victims to void their right to sue, and as a result will provide them with a paltry settlement offer. It’s good to not want to be involved with the pain and unknowns that come with a jury trial, but you also don’t want to take an offer that doesn’t adequately assist you for the harm you’ve sustained. Only a Conroe lawyer with years of success can make the insurance policy provide an honest settlement, because they’re worried about losing more money in trial.

The insurance company will also attempt to dodge liability for your injuries by employing a talented defense team that will attempt to locate legal loopholes and procedural obstacles that will cause inexperienced plaintiffs to hurt their own chances of obtaining compensation. You need a qualified Conroe truck accident lawyer who can fight back against the attacks developed by the defense team. Our Conroe lawyers have been granted millions of dollars from every well-known insurance company around the nation, and we’ve discovered how to figure out what they may try and do.Self-Insured Companies can Be More Treacherous

When they don’t buy regular insurance policies, some trucking companies choose to set aside a portion to devote to for insurance when accidents occur. The federal government is regulated by the insurance agency, which states that all businesses must be registered, adjusters get licenses and ethical standards be adhered to. Self-insured businesses, however, don’t encounter the same rules and guidelines. Because of that, self-insured companies have gained an unfavorable reputation for behaving improperly and causing problems for negotiations. When you deal with one of these companies and are attempting to negotiate a settlement, you’ll have to work with an official from the company. When you realize this work probably gets some of their income from a type of profit sharing, they have more than enough motivation to get your claim rejected. This worker would be basically providing you with some of their paycheck if they allowed you to get the fair restitution you deserve. With their paycheck on the line, self-insured companies will make sure their interests are more considered than the victims’ and won’t hesitate to use such actions as bullying witnesses, evidence tampering or even threatening victims.

If a self-insured company has attempted to bully you or harass you somehow, then you can make sure this stops with the assistance of a Conroe truck accident lawyer. The second we’re retained, our lawyers can get the self-insured companies to work in good faith the threat of legal action.Truckers Can’t Be Trusted

We always want to believe that people are honest and forthright, but the truckers who harm you with their negligence have plenty of reason to choose to lie. If a trucker has been deemed to have harmed others while driving in a negligent fashion, then they will likely be pink-slipped in no time, if they haven’t been fired already. Moreover, a negligent trucker will discover that it’s virtually impossible to land another job with such an awful black mark like that on their record. When you consider the job market and state of the economy, many basic upstanding and honest truckers will resort to lying to protect their jobs and managed to take care of their families. To get the compensation you want, you’ll have to prove the trucker was engaged in lying.

Our Conroe truck accident lawyers have grown in investigating and finding the pertinent evidence in spotting the trucker’s unethical behavior. We will take apart the trucker’s credibility with all the key evidence that will destroy his or her lies.

In the same fashion that insurance adjusters will try to influence victims into confessing their own negligence with incessant questions, our Conroe truck accident attorneys will form a series of questions for the deposition with the purpose of making the trucker slip up and admit their own lie. The Conroe truck accident lawyers at ———————- have deposed several thousand witnesses during the last 20 years, and we know how to develop the proper questions to show exactly what the trucker is trying to do.How We Can Help

If you’ve been harmed or a family member has died in a truck accident in Conroe, you need to hire a Conroe truck accident lawyer to guard your legal rights and give you assistance for the help you deserve. From the first steps in the process to when the final resolution is announced, our lawyers handle every facet involved in your case and we’ll make sure you’re kept abreast about the latest developments when they happen. We’ll also provide the following:

Chances are the defense has already concluded its investigation and concluded its case against you. By hesitating in obtaining a lawyer, you are creating tremendous damage to your ability in receiving the restitution you’re owed. Call us today at (toll free) for a free consultation and to discover how we can help you like countless other Texans. Some of Our Most Recent Successful Cases$100,000.00 Recovery – Motorcycle Accident (Broken Femur)(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.

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San Antonio Injury & Wrongful Death Lawyers. Accidents Involving Trucks with Flatbed Trailers : San Antonio Personal Injury Attorney : //–>Have you been injured in an accident with a flatbed trailer truck? The San Antonio trucking accident attorneys of ———————- can help you.

As a port city, San Antonio is a hotbed of activity for trucking accidents and injuries of all variety including accidents involving trucks with flatbed trailers.

Flatbed trailers are generally employed to transport large and massive items that would not ordinarily fit into a normal cargo container. Far too often, these vehicles are used to transport cargo that is even too large for the trailer.

This creates a possibility for a unique type of accident. Most commonly, flatbed trailers can cause accidents whereby the cargo falls off of the trailer and collides with another motorist. Again, these trailers generally transport massive cargo, and such a collision can prove to be devastating with for the occupants of the car unfortunate to collide with the displaced cargo.

In such an event, there may be several potential defendants in the case. Naturally, the driver of the truck and their insurance company will bare some considerable portion of liability in the accident. Additionally, another company altogether may have been responsible for loading and securing the cargo, which would make them a likely defendant as well.

In cases where the cargo fell from the flatbed due to a collision with another vehicle, that vehicle may be liable as well for causing the accident.

Furthermore, if the event that the cargo is forced from the vehicle due to a collision with an overpass, trees, a power line, etc. the parties responsible for designating the driver’s route may also be to blame. Our Texas flatbed and trailer accident lawyers are here to ensure that you receive the compensation deserved.Some of Our Most Recent Successful Cases$1,000,000.00 Recovery – Wrongful Death/ Commercial Vehicle Accident(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man’s vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant’s insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant’s insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers’ Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier’s exposure under the Stowers’ Demand should the carrier not offer policy limits.

The defendant’s attorney adamantly persuaded the carrier to litigate, however, our attorney’s threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney’s advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client’s would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
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San Antonio Injury & Wrongful Death Lawyers. Galveston Truck Accident Lawyer //–>Have You or Has a Family Member Been Injured in a Galveston-Area Trucking Accident? Call ———————-

There plenty of lawyers throughout Galveston, Texas City and Clear Lake who would have no problem accepting your truck accident case, but few have decades worth of experience handling 18-wheeler and other commercial vehicle accident cases.

There is one firm that stands out. The truck accident lawyers at ———————- have been handling truck accident cases for the past 20 years and have succeeded in countless cases, many for clients living in Galveston, Texas.

What you may not know is that commercial vehicles come in numerous forms. We have prevailed in trying personal injury and/or wrongful death claims dealing with such things as rock haulers, dump trucks, all manner of construction vehicles, moving vans, buses, tankers, and other types and shapes of commercial vehicles. While there are numerous kinds of commercial vehicles, these types of cases have some similarities:

They tend to be greater and cause far more carnage than normal passenger cars.

Different laws oversee them than regular passenger cars.

The last, but most key, part is they’re owned by successful corporations that will mount a strong defense aimed at making sure plaintiffs don’t receive proper compensation.

If you want to fight fire with fire, this isn’t an issue for us. If you want your Galveston truck accident case to have its best ability to be victorious, you’ve got to hire a lawyer that has a combination of experience, skills, wisdom and an extensive track record at defeating the opposition in trial or managing to get them to pursue a fair settlement that they usually would have invested plenty of effort in not paying.

If you choose to take ———————- to work your Galveston truck accident case, you are obtaining 20 years of experience from qualified lawyers who have succeeded in countless truck accident cases (and substantially more personal injury cases overall) over time.

We’ve giving you this information so you’ll learn more about how the case-flow process unfolds in a commercial vehicle accident case, and discover some of the key problems you’ll face in a successful recovery.How Trucking Accident Cases Work

Overcoming any accident isn’t easy, but there aren’t many accidents that can equal the catastrophic damage created by truck accidents. Commercial trucks operating in Galveston can surpass 80,000 pounds in weight, so tremendous damages occur when they’re a part of accidents. Because truckers earn their salary through hourly pay, they tend to work countless hours without breaks, causing further problems with concentration and staying awake, plus more accidents, injuries, property damage and occasional fatalities.

Over our 20 years of practice, the Galveston truck accident attorneys at ———————- have been handling personal injury litigation involving trucks, and we understand that victims will several medical and legal questions they want answers for after they’ve been harmed or had a family member die from a truck accident in Texas. What’s critical here is seeing to it you’re examined by a physician following your wreck. You don’t just need treatment for your injuries but also need to see to it they’re documented. If you don’t carry medical insurance or have just enough, we can help you get a doctor who will handle your financial matters and form a payment plan that will factor in your budget.

After your injuries have been looked at, you need to give some thought to your legal duties so you can obtain compensation for the harm that’s been caused to you. The law doesn’t mandate that negligent parties instantly pay you for the injuries you’ve sustained. The victim, who is also called the plaintiff in the legal world, has the responsibility to prove they need assistance. Only an experienced Galveston truck accident lawyer gives you the best odds at getting the compensation you deserve. Our lawyers want to make sure you’re aware of your legal options so you can make the absolute best decisions for your family.

This article is intended to provide you insight. Don’t use it as a replacement for the legal expertise of a qualified and experienced attorney when it pertains to the specific details of your case. To learn more about how the law applies to the specifics of your case, call us today at 1-855-392-0000 (toll free).Why You Should File a Truck Accident Injury Lawsuit

Our Galveston lawyers have seen first-hand what overwhelming emotional and physical pain is caused by Galveston truck accidents. Because of our extensive experience here, we’ve learned that most truck accident victims are cautious about seeking legal action because they don’t like the notion of putting a price on their injuries and the issue leads to them revisiting that horrific memory. While filing a claim is not the most pleasant experience, we’ll observe later in this article that speedy action is crucial to your claim’s success so you have to move immediately after the accident takes place.

There are two things you can achieve when you use a lawsuit to handle the injuries created by a Clear Lake truck accident: the first step is that it allows the injured party to recover from the financial and emotional pain stemming from the accident and it also makes sure those responsible for the wreck are punished for their actions. There’s no amount of money that can delete the damages created by your accident or erase the harm in your psyche, but the truth is that you have incredible financial losses that still exist. The only to make sure your family is headed in a positive direction again after tragedies like these is to receive compensation from who is liable. Chances you’ve probably already missed lots of work because of your injuries, so handling medical expenses for your injuries and repair costs for your vehicle can be near impossible unless you locate the individual or parties who caused your injuries.

The other goal is that a truck accident lawsuit in Clear Lake presents the opportunity to shrink the chance of more negligence by punishing those people liable for your accident. People who have lost huge amounts of money in Clear Lake truck accident lawsuits tend to not make the same mistake again. If you want to get someone’s attention, you’ve got to attack their pocketbook.Common Negligent Causes of Truck Accidents

If you’re attempting to determine who you should sue, the first part is figuring out how the accident unfolded and who was responsible. Many people are involved in goods being transported on a truck, so in numerous truck accident cases for instance, more than one business may have committed some type of negligence that led to or played a part in the truck accident. A veteran Galveston Texas truck accident lawyer can rely on previous lessons earned over years of litigating truck accident claims to adequately figure out the cause for your accident and all the parties who are accountable. Any amount of negligent parties could have played a role in your truck accident: the truck driver, the company he/she works for, who made the truck or trailer, the company that mapped out a route for the trucker, the company that loaded the truck, and other third parties. For example:Truckers – Truckers devote countless hours, day after day, traveling our highways and interstates, and in most truck accident cases, they are ruled liable either somewhat or entirely for the injuries that happen. Truckers cause accidents with negligent behavior like driving under the influence, ignoring the speed limit, floating stop signs, or crazy swerving. In other circumstances, truck accidents in Clear Lake occur simply because the trucker is drained. Federal law requires that truckers take mandatory rest breaks, but many truckers ignore these rules so they can meet mandated deadlines established by the company. Studies show that the chances of a trucker being involved in an accident increase after eight consecutive hours of driving, and 20 percent of truckers admitted to falling asleep more than once in the prior month before being surveyed. Whether on purpose or by accident, if a trucker’s negligence led to an accident that caused you to be injured, you can seek a lawsuit against that individual.

Trucking Companies – There’s a term that’s followed in Texas called respondeat superior. What this means is that employers will be faced with major consequences and be ruled accountable for the actions or inaction of its workers. If the trucker’s negligence was the source of your accident, then the trucking company could encounter some kind of punishment. So if a trucker had a slew of previous DUI convictions, and was held accountable for an accident while drunk, then the trucking company would be responsible as well for the injuries resulting from the accident.

What also needs to be noted here is that the trucking company doesn’t have to be negligent on its own to be found responsible for the negligence of its drivers. So as long as the trucker behaves in a negligent fashion, then a lawsuit can be pursued seeking damages from the trucking company. Many times the trucking company is the defendant that damages are sought from anyway, since they have access to considerably more resources than truckers do.

Manufacturers – Trucks and trailers are constructed of countless wires, bolts and other pieces, all woven and fastened together to ensure the vehicle operates safely. If any of these parts fail to work right like they’re supposed to when the truck is operating, then an accident can take place. If this malfunction was a result of a design defect or manufacturing error and a wreck occurs, then anyone harmed in the Galveston truck accident has the ability to seek compensation from the manufacturer.

The Company that Mapped the Route – If you travel plenty, you’ll discover that many roads and neighborhoods aren’t set up to deal with trucks and other commercial vehicles. There are bridges, however, with height and weight restrictions in place. To ensure that safety is intact, busy trucking companies will often lean on other companies to map out proper routes for trucks to travel on. If this company maps a route that is deemed to be unsafe and harmful for trucks, then a lawsuit can be pursued against this company.

The Company that Loaded the Cargo – There are times when the company that had the cargo is able to load the cargo in the proper fashion, but there are other instances when they rely on another company for this responsibility. If the company that loaded the cargo did so in a bad manner, this can lead to a wreck that causes numerous injuries that this company would be accountable for. Cargo in trucks is limited to 80,000 pounds, but many companies try to evade this by loading up more goods at a lower cost by ignoring this rule. Weight limits are in place for a purpose because a truck that’s overloaded has a far bigger chance to overturn and create incredible damage when an accident happens.

When the company that loads up the cargo didn’t do so in a proper fashion, the cargo can become loose during transport, which causes a load to shift that topples the trailer and causes an accident with other vehicles. When you involve flatbeds in the picture, cargo that’s poorly loaded can crash onto the road and cause immense havoc for all the vehicles and panicked drivers who are traveling behind the truck.

Other Drivers – A truck may wind up in an accident, but that doesn’t mean you should instantly think the truck or its driver were at fault. Sometimes other drivers disregard their duty to protect the safety of others on the highways and small roads, and a truck accident will occur, which causes further damage and injuries for more motorists. When this happens, victims can seek damages from third parties such as these.

Any of these groups or combinations of several of them could have partially or entirely been the reason for the truck accident that injured you. You need the help of an experienced Galveston truck accident lawyer who can discover the cause and all of the possible defendants, so you can receive the compensation you’re owed from all the people who harmed you with their negligent actions.Prompt Investigation is Important

If you’re trying to compile all the key evidence, figure out who is liable and manage to prove your case in a Clear Lake truck accident, then you’re going to need to make sure a speedy, detailed investigation is conducted. Because lots of parties could have behaved in a negligent manner and played a role in the accident that harmed you, a well-done investigation is critical to pinpoint all of the key parties and their degree of negligence. It will be critical to have evidence to get the jury to rule in your favor and evidence can begin vanishing immediately after any accident. You need to retain a Galveston truck accident lawyer and let them begin searching for evidence as fast as they can. Every day you hesitate without hiring a lawyer you believe in causes even further damage to your case because the proof you need to obtain is disappearing – witnesses will move or have problems remembering specific details, videos get damaged or taped over and the accident scene will physically change.

Our Galveston truck accident lawyers at ———————- have spent two decades mastering the art of investigating accident cases. Once we’re hired we bolt to the accident, free of charge to clients, so we can locate any evidence that helps us with our client’s case. We’ll do whatever is needed to reach the truth – securing any key vehicles involved, taking photographs, searching for critical video evidence, looking at police reports, taking measurements of the distance between skid marks and points of impact, conducting forensic tests, discovering witnesses and obtaining any other evidence that can later be of us in our trial.

More than likely, you’re probably well behind the efforts and investigation being conducted by the defense. Many times what takes place is the trucking or insurance company sends its investigators to the accident scene right after the trucker reports it. The defense investigators aren’t worried in the least with figuring out how the accident truly occurred; they’re just hoping to obtain evidence that back up the fact your injuries were a result of your own ignorance. If you don’t have your attorneys there conducting their own investigation, you’ll have no idea if any evidence tampering was committed, or if the defense did a proper investigation. If they discover any evidence to back up your alleged negligence, then they can have your insurance claim tossed if they can prove you were totally responsible. Or your damages can be lessened if they can show your negligence was a contributing factor.

One case we dealt with recently in Galveston illustrates the need for doing a first-rate, in-depth investigation. What happened in this instance was that our firm was retained by the driver of a passenger car after he wound up in an accident at night with a truck. The trucking company was quickly saying our client had been driving without any headlights in his vehicle when the accident happened. Once we joined on as the victim’s legal counsel, our client’s demolished car had already been transported from the accident scene and to a nearby salvage yard. Once our Galveston attorneys spotted the car at the junkyard, they quickly noticed that it was without headlights. Our concern immediately moved to our client getting proper compensation, but our investigators discovered that there was a surveillance camera installed in the salvage yard, so they secured some of the video footage. This specific equipment had been designed to record over its memory every 48 hours and we managed to secure it right before it was copied over. Once we saw it, we realized it showed a worker from the trucking company illegally removing the headlights and exiting with them from the junkyard. Later in trial, the trucking company’s defense team was seeking to argue that our client’s car didn’t include headlights. At that moment, we had the actual proof to expose their lies and obtain compensation for our client. If our client had hesitated any long to hire us as his legal counsel, the video would have been useless, any ability to get restitution would have ended and the trucking company would have been able to commit felonious evidence tampering and get away with it.

Our Galveston attorneys are consistently encountering lies and deception concerning truck accident cases, so you need to hire a lawyer and allow them to immediately begin a quick and in-depth investigation as fast as possible. Sometimes our investigators are still able to get the burden of proof well after an accident happened, but the faster we begin investigating the better chances we have of obtaining the proof needed to get the compensation you rightfully deserve. Don’t wait any longer in discussing your case with a Galveston truck accident lawyer.Common Obstacles that Plaintiffs Must Overcome

You may have filed an insurance claim following a regular, everyday car wreck, but that doesn’t mean you’re qualified to handle a truck accident lawsuit by yourself. Trucking insurance policies can be valued at 50 times more costly than your normal auto insurance policy. Due to the huge size of trucking insurance policies, litigation to handle truck accidents is far more complex than your regular passenger car case. Plaintiff’s who’ve wanted to save some extra money on lawyer’s fees by handling their own case just end up hurting themselves more with diminished or denied compensation. People who have no legal background, and lawyers fresh out of law school wind up puzzled and frustrated when attempting to file lawsuits after truck accidents because of numerous obstacles: establishing the burden of proof, the size of the insurance policies, self-insured trucking companies and those truckers who resort to lying.Burden of Proof

There’s nowhere in the law that says the defendant or defendants have to give you a dime after you’ve been injured in a truck accident unless you, as the plaintiff, are able to prove they should. If you want to obtain proper restitution for your injuries, you’ll have to provide substantial, credible evidence for your case. Other types of negotiation may be used to settle a claim, but evidence must be pinpointed to get the defense or insurance to negotiate in good faith. You’ll need to prove each of these four elements of a truck accident case:Duty – The first part in this process is showing the defendant owed you a duty to maintain your safety by acting in a proper manner. The law has established legal duties for certain circumstances and for each particular group, all contingent on their relationships. When it involves truck accident cases, achieving this part is simple, since every driver has to operate their car in a way that maintains the safety of other motorists, pedestrians and passengers on the road.

Breach – If you’re hoping to prove your case, the next step is showing that the defendant or defendants violated their duty of care you deserved. This typically happens when the defendant endangered others in a way that normal people wouldn’t or by not acting when regular people would be expected to do something. You’ll have to secure evidence that proves a defendant disregarded his or her legal duty of care through action or inaction if you hope to prove this breach of duty. Plus, you’ll also have to hire a truck accident lawyer in Galveston, TX who can use that evidence and convince a jury to see the defendant or defendants acted in an improper manner.

Causation – Along with showing the defendant or defendant’s violation of a legal duty that affected you, you also need to show your injuries were a direct result of this duty being violated. Because many parties could have played a role or been a factor in the cause of any truck accident, it takes credible evidence to allow a jury to observe a causal relationship was present between the defendant’s violation of his or her obligation to you and the resulting harm that followed. If not, then the defendant can tear your case apart by moving the blame elsewhere for your injuries. Many times, the defendant or defendant’s best way to avoid blame is to aim the responsibility squarely on the victim for causing their own injuries through their poor behavior.

Damages – Once you’ve established the first three parts for a solid truck accident lawsuit, you then need to show the damages the defendant owes for the injuries you’ve incurred. In the legal world, when damages are mentioned it’s not about your injuries or property damage, but are instead referring to the compensation the defendant owes for the harm they’re liable for. The plaintiff can seek damages for such things as medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses that were a part of the accident.

The toughest part here is that you can’t just ask the court to give you the compensation that’s rightfully yours and assume you’ll get it. You’ve got submit evidence that shows not just your losses but also how you compiled the monetary value for those damages. Much of the time defendants haggle over this amount of compensation asked by the plaintiff and will counter with their own totals for damages owed that will likely decrease the overall fiscal amount of harm caused for the plaintiff. If you’re hoping to prove the defendant intentionally low-balled its estimation, you’ve got to show rock-solid proof that reveals your calculations are absolutely accurate.

What is my case truly worth? Because damages such as pain and suffering, or loss of earning capacity tend to be very subjective and open for debate, compiling damages can be complicated for anyone not used to it. It’s very difficult to determine a price for pain and suffering or attempt estimate lost earning capacity by adding up the total for possible raises and inflation. In court, you’ll only have one chance to compile the amount of equitable compensation you’re rightfully owed. For the past 20 years, our Galveston semi-truck accident lawyers have been compiling damages, and we have become comfortable enough with cases much like yours to know how to include all your losses and come to estimation on compensation that rightfully provides you with the restitution you’re seeking.

Being unable to show any of these elements means you’re not going to be able to receive compensation for the harm you’ve been inflicted with. You need the help of a Galveston truck accident lawyer – especially if you’re going to trial. All our years of litigating truck accident cases has allowed our lawyers to figure out how to form a strong legal game-plan that meets the burden of proof and gets juries to rule on your behalf.Enormous Insurance Policies

Federal regulations demand that trucking companies purchase huge insurance policies to guard against possible accidents, injuries and fatalities that occur when conducting business with trucks. Due to this, many incorrectly believe they’ll receive immediate compensation and not encounter any issues. The majority of the time, that’s false. Because insurance policies are ruled to be 50 times more valuable than those of regular passenger cars, the insurance companies tend to expend 50 times the resources and energy to guard their trucking policies.

With everything at stake, insurance companies love to use their sneakiest insurance adjusters to handle settlement negotiations. You probably haven’t worked tons of truck accident claims, but these adjusters are the elite in their profession and deal with these claims on a consistent basis. They know how to interact with accident victims, who are still overwhelmed by shock and who quickly trust their insurance agent, then use those details against them to their claims rejected. What happens is they present a fake friendship and try to get the victim to think they’re aiming to get them their compensation – they first have to answer some straightforward questions. They really don’t want to help you; they’re just attempting to jack up company profits by getting your claim turned down. After that, they bombard you with nonstop questions that basically take the same statements, and then re-word them over and over, in an effort to get you to mess up and say it was your fault the accident happened. Once they can get you to slip up and admit responsibility, your claim can get rejected. It’s better to have hardly any interaction with insurance adjusters, so hire an experienced Texas truck accident lawyer and allow your legal team to deal with the harassing questions being launched by insurance adjusters. In fact, we tell our clients not to communicate with any workers from insurance companies without a lawyer there to serve as a shield for your well-being. If you hire our firm, our lawyers will assume control over all the conversations involving the insurance company and protect you from possible confessing your guilt.

Many times aggressive insurance adjusters will seek to get accident victims to surrender their rights to sue in exchange for a small settlement. You want to not have to deal with the stress and uncertainties with a jury trial, but you don’t want to get a settlement that doesn’t adequately assist you for the harm you’ve sustained. Only a lawyer with a consistent track record of success can get the insurance company to accept a fair settlement, since they’re already concerned about losing more money at trial.

The insurance company will also seek to evade liability for your injuries by turning to a skilled defense team that can take advantage of legal loopholes and procedural hurdles that will get some plaintiffs to endanger their chances at receiving compensation. You need the assistance of an experienced Galveston truck accident lawyer who can fight back against any attacks coming from defense specialists. Our attorneys have been granted millions of dollars from every well-known insurance company throughout the country, and we’ve learned how to predict every potential trick they may turn to.Self-Insured Companies Can Be More Treacherous

Instead of purchasing a normal insurance policy, lots of trucking companies set aside a portion of their assets to use for insurance purposes whenever accidents occur. While the federal government regulates the insurance agency, which mandates that all companies be registered, adjusters get licensed and ethical standards be maintained, self-insured companies don’t have to be concerned about these ethical rules. For that reason, self-insured companies have earned a reputation of being unethical and impossible to deal with in negotiations. Many times, if you’re trying to negotiate settlements with self-insured companies, you’ll have to interact with a worker from the company’s headquarters. Because this officer likely gets a portion of their income from some manner of profit sharing, they have enough motivation to get your claim tossed. This officer would be giving you part of their own income if they allowed you to receive the restitution you’re seeking. With their income at the line, self-insured companies tend to put their own interests ahead of the injured victim’s and will resort to such awful behavior as bullying, evidence tampering and even threatening victims.

If a self-insured company has attempted to bully you or get pushy, then you can get them to halt with the assistance of a truck accident lawyer in Galveston. Once we’re hired, our attorneys can get self-insured companies to conduct themselves in good faith, and even throw out possible legal action if we need to.Truckers Can’t be Trusted

We always think people are basically inherently decent and trustworthy, but the trucker who hurt you with their negligent actions has plenty of incentive to lie. If the trucker is ruled to have harmed others while driving in a negligent fashion, then that individual is bound to get pink-slipped in due time, if they haven’t been canned already. Moreover, a trucker who’s been ruled negligent will find it nearly impossible to land another job like that with a mark like that on their record. When you throw in the job market and the nature of today’s economy, many basically honesty and well-meaning truckers will resort to lying so they can safely guard their jobs and the chance to take care of their families. To receive the compensation you’re wanting, you’ve got to prove that the trucker was engaged in lying.

Our truck accident lawyers have developed in their ability to investigate and discover the key facts that reveal the trucker to be lying. We’ll hammer away at their credibility with all the key facts we’ve obtained and expose their lies.

In the same fashion that insurance adjusters try to get victims to admit their negligence with an array of questions, our attorneys will seek to construct some questions for the deposition with the purpose of tricking the trucker into confessing his or her own lie. The Galveston commercial vehicle accident lawyers at ———————- have deposed tons of witnesses over a 20 year span, and we’re able to compose questions that expose the truckers attempted lies.How we Can Help

If you’ve been injured or a loved one died in a truck accident in Galveston County, Texas then you need to hire a truck accident lawyer to guard your legal rights and help you obtain the fair restitution you deserve. From our initial documents that are filed to the court’s final decision, our attorneys handle every facet of your case and making sure you’re updated on a consistent basis. Other services we give include the following:
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