Truck accidents often leave the victims in the other vehicles with serious injuries. The drastic size difference means commercial trucks and 18-wheelers often crush and total smaller cars, trucks, and SUVs, causing traumatic injuries to the drivers and passengers inside.
Our attorneys are not afraid of taking on even the biggest trucking and distribution companies. Especially with the Walmart and Sam’s Club Distribution Center near New Braunfels, there is a higher potential for serious crashes in the area, and our attorneys will take on any drivers and trucking companies we need to to get your claim paid.
For a free case evaluation, call Cap City Injury Attorneys’ truck accident lawyers at (512) 612-3110 right away.
Who Do You Sue in a Commercial Truck Accident?
When you get hurt in a crash, the accident can typically be blamed on the driver. However, their position as a commercial truck driver might allow you to sue their employers. Other parties also sometimes take on or at least share liability.
The Trucker
If the trucker caused the crash, they can be sued individually for what happened. If they are an independent truck driver and have no “employer” to speak of, the case stops with them.
You can file insurance claims, but their insurance will also typically be the one to pay if you succeed in a lawsuit against them.
Another Driver
Sometimes truck drivers are not actually the ones to cause truck accidents. If that is the case, you and the trucker might both have valid claims against another driver on the road. The other driver and the trucker might also share liability.
Trucker’s Employer
When truckers drive commercially for a trucking company, victims can hold the trucker’s employer responsible for crashes. As long as the accident happened within the scope of the trucker’s job, the employer can be responsible in place of the individual driver.
Trucking companies can also face lawsuits for things they did themselves, such as negligent maintenance on their vehicles, negligent hiring and retention of dangerous drivers, and more.
Other Parties
Sometimes, mechanics and auto manufacturers can be responsible for dangerous vehicles. Governments may also be responsible for negligent road upkeep. Talk to a truck accident lawyer about any other potential parties that can be included in your case.
Filing Claims for Accidents Involving Trucks from the Walmart and Sam’s Club Distribution Center
New Braunfels is home to a distribution center for Walmart and Sam’s Club. This serves the wider region and means tons and tons of cargo come through the area.
The distribution center is located on I-35 and is close to Routes 46, 337, and 123 as well as I-10. These heavily traveled roads and the distribution center mean a higher potential for crashes with the hundreds of trucks that pass through New Braunfels in a week.
Can You Sue?
If you are hit by one of these trucks, you might have a case against the parties listed above. Walmart or Sam’s Club might be on the hook for damages if one of their truckers caused the crash, but these drivers might also be employed by third-party trucking companies or self-employed as independent drivers.
Damages Available
Although these drivers and their employers may have insurance to cover crashes, you should never trust them or their insurance carriers to properly value your case. Always work with a lawyer when assessing the damages you can claim in your individualized circumstances.
FAQs for Truck Accidents in New Braunfels, TX
What if the Trucker Who Hit Me Lives Somewhere Else?
Truck drivers often travel long distances, and it is quite possible that the driver who hit you lives nowhere near New Braunfels. The claim can still typically be filed here, especially if you live here and the accident happened here.
This means they would have to answer for what happened to you in court in either Comal County or Guadalupe County, depending on where exactly the crash happened. Cases against the distribution center can also typically be filed here in Comal County since the center is located on the Comal side of the county line.
What Damages Can I Get in a Truck Accident Case?
Any auto injury case typically involves the following damages, personalized to your unique situation:
- Auto repair/replacement costs
- Medical bills
- Lost earnings from injuries or disabilities
- Pain and suffering.
Since each case is unique, we must assess your damages based on your bills, the effect on your work, and the effect on your day-to-day life.
What’s the Deadline to Sue a Trucking Company?
Most personal injury cases need to be filed against the at-fault parties within 2 years of the date of the accident. This is only the deadline to file the case; it can take much longer to ultimately resolve the case.
When Should I Call a Lawyer
Although you have 2 years to file, you need to contact an attorney far sooner. In fact, the earlier you call us, the better chance we have at collecting evidence while it is fresh, monitoring your expenses as they come up, and guiding you through the aftermath of the accident.
Always call us before contacting insurance or discussing the case with the defense, and certainly call us before accepting or signing for any damages or settlements.
How Much Does a Lawyer Cost?
One reason many people hesitate to call a lawyer is their fear of the potential costs. You may have bills for ambulance rides and ER visits stacking up, all while you cannot work, and the thought of an additional expense could be too much.
Rest assured that our lawyers are typically paid with a percentage of the winnings in your case, meaning that you owe us nothing up front to add to your expenses. This also means we do not get paid unless you do.
Call Our New Braunfels Truck Accident Attorneys for Help Today
Call (512) 612-3110 right away for a free case review with the truck accident lawyers at Cap City Injury Attorneys.