Mokaram Law Firm


Legal Ramifications of 18-Wheeler Truck Accident Negligence

Truck accidents are very devastating in nature due to their large size. There are numerous factors behind truck accidents. In the past, most of the cases related to truck accidents were reported due to the negligence of the driver. However, the driver alone is not always responsible for the accidents. 


Sometimes, the trucking companies, weather conditions, truck manufactures and some other parties also contribute to the accidents. If we look at the stats then we can see that the most devastating truck accidents occur when a truck collides with small vehicles on the road at high speed. 


However, due to the large size of the truck, even if it faces an accident at a slow speed, the results can be very dangerous. When an accident occurs, there is nothing that you can do to change the past. But, you can hire a reputable 18-wheeler accident lawyer in San Antonio and claim compensation for your losses. 


What Are Some Causes Behind Truck Accidents? 


Bad Weather

As regrettably, there is nothing no one could do about the weather, truck drivers have to stay on the guard and take care of their vehicles all the time. Truck drivers must be extra careful when weather is bad.

The following poor weather conditions create an increased risk of a crash for drivers of 18-wheelers:

  • Heavy wind
  • Snow
  • Rain
  • Fog
  • Storms

Truck drivers should slow down when driving in such conditions. Where weather conditions are becoming unfavorable, truck drivers will have to come out of the road for their own safety and that of others on the road. If a truck driver does not do that and carries on driving the truck when the weather is too risky, his or her actions may be categorized as negligent and they would be held accountable if an accident happens.


Poor Condition of Vehicle

The Federal Motor Carrier Safety Administration (FMCSA) has a rule that trucking companies need to maintain their 18-wheelers in their fleet well so they are safe to operate.

Yearly vehicle inspection is mandatory and the drivers must perform the self-inspection of their trucks after the end of the working day. Maintenance for commercial trucks include:

  • Rotating tires
  • Maintaining proper tire pressure
  • Renewing head and tail lights
  • Replacing brake systems

Finishing repairs and regular maintenance takes time, which results the truck in being out of the road. Trucking organizations might pursue such situations as passing through needed maintenance, repair work, or similar activities to keep the truck on the road for the sake of business. When a company’s poor maintenance leads to an accident involving a truck, the company becomes liable.


Improperly-Loaded Cargo

Improper loading of commercial trucks is a factor to blame. Trucks must be correctly loaded, else they will be prone to overturning or jack-knife accidents due to the lack of even weight distribution.


Legal Ramifications of 18-Wheeler Truck Accident Negligence


Cargo also should be safely secured in order that it does not fall off the vehicle or move inside the trailer that can make the truck uncontrollable. A negligent process of loading or securing cargo is one of the main reasons for an accident where both the driver and other vehicles face the risk of injury or losses.


Driver Error

The common cause of the commercial truck crashes is the driver’s mistake. Inexperience frequently brings risky maneuvers on the road part caused by the driver. To drive a heavy truck with a fully loaded trailer, require higher skills and extended training.


Legal Ramifications of 18-Wheeler Truck Accident Negligence


They do require more room and the error correcting techniques for trucks are much more difficult than those for a conventional car. Whether the trucking firm is liable for the driver’s actions, mostly depends on the situation, due to negligent hiring practices from the trucking firm.



Fatigue is a major safety concern as far as commercial truck driving is concerned. The delivery drivers are required to be fast in order to fulfill orders to schedule and not to lose money. A driver, who is tired, can drift off to a dream or he or she can fail to pay attention to the driving process.

In order to deal with the dilemma which may arise, the FMSCA has stringent demands on the amount of sleep the drivers should have after their working hours travelling by a commercial truck. Drivers must record their on-duty and off-duty time.

Yet, on many occasions trucking companies during the period of tight deadlines can be too demanding and ask their drivers to ignore the rules and continue driving when they should not.


Insuring Medical Expenses and Settlement Negotiation.


Handling insurance claims and negotiating for a fair settlements is one of the toughest procedures you will ever go through.  Insurance firms may exploit several strategies to lessen payouts, and this process for the victims and their family members can be too much to bear as well as confusing.

Understanding your rights and standing your ground in the course of this process is fundamental in ascertaining that you will receive the damages that you are supposed to receive. Cooperating with a knowledgeable pedestrian truck accident attorney can be tremendously helpful to you at this stage of your legal process.


Such lawyers can explicate to you your rights, negotiate acceptable out of courts settlements on your behalf, and go public with your case if need be to have the justice prevail. In a truck accident case, aiming at damages and compensation is one of the main objectives.


The victims of truck accidents can seek diverse types of damages for recovery of all expenses and losses related to the accident. These damages generally fall into two categories:


Economic damages: 

Economic losses are measurable and they are those like medical bills, salary, and total damage to the property.


Non-economic damages: 

The non-economic damages include the subjective non-financial types of losses such as pain and suffering, mental distress and loss of companionship.


What Damage amount do I need to Claim?

You file a lawsuit to be accused of money damages for injuries, mental, physical, and financial. In most truck accident cases, your attorney will demand some or all of the following types of damages:

  • Reimbursement for medical bills
  • For the patient, medical expenses remain the same.
  • Pain and suffering
  • Property damages
  • Lost wages
  • Lost future income


Truck accidents are very common across the USA. If you or your loved ones were effected due to a truck accident then you should contact Mokaram Law Firm and proceed with the legalalities to claim the compensation for your loss.


Past results do not guarantee future performance. The $1B amount reflects the NFL concussion MDL settlement not an individual claim.

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Sorry! Can't Help You
If There Was No Injury Then There Is No Claim to be Filed.

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We can't provide a valuation for the claim if the accident is reported as "at fault" or if there's no clear determination of fault.

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