We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
Where Are the Most Dangerous Areas for Truck Accidents in San Antonio?
Truck accidents are very common in the Lone Star State. According to recent data, Texas had over 26,000 truck accidents in 2023 alone, including 443 fatal crashes. Staying vigilant on the road is imperative to avoid life-altering injuries. Some of the most dangerous areas for 18-wheeler accidents in the San Antonio area include I-10, I-35, Loop 410, and Loop 1604. These highways are heavily traveled by large commercial trucks, making them hotspots for trucking accidents. Construction zones and inclement weather can also increase the risk of serious collisions with semi-trucks and big rigs.
Common Causes of Trucking Accidents
Commercial truck accidents often involve violations of federal trucking regulations and safety standards. Common causes include:
- Hours of Service Violations: Truck drivers exceeding the 11-hour driving limit or failing to take required rest breaks
- Electronic Logging Device (ELD) Tampering: Falsifying driving records to circumvent safety regulations
- Brake failure: Poor maintenance of critical safety systems
- Drowsy driving: Driver fatigue from inadequate rest periods
- Distracted driving: Cell phone use, GPS navigation, or communication with dispatchers
- Operator inexperience: Inadequate Commercial Driver's License (CDL) training
- Faulty parts or mechanical failures: Defective truck components or poor maintenance
- Driving under the influence: Alcohol, drugs, or prescription medications
- Improper cargo loading: Overweight loads or improperly secured freight
- DOT inspection violations: Operating trucks that fail federal safety standards
Common Injuries in Truck Accidents
The massive size and weight of 18-wheelers often result in catastrophic injuries when they collide with passenger vehicles. Some of the most severe injuries include:
- Traumatic Brain Injuries (TBI): A powerful impact can cause concussions or more serious brain damage, leading to cognitive impairments, memory loss, and personality changes requiring lifelong care.
- Spinal Cord Injuries: Injury to the spinal cord could result in partial or full paralysis, requiring extensive medical treatment and long-term rehabilitation.
- Broken Bones: Fractures from truck accidents can be very severe, requiring multiple surgeries, physical therapy, and extended recovery periods.
- Internal Organ Damage: Blunt force trauma can lead to internal bleeding and life-threatening organ damage requiring emergency surgery.
- Burn Injuries: If a truck carries hazardous materials, an accident may cause fires or explosions, leading to severe burns requiring skin grafts and lengthy recovery.
- Lacerations and Amputations: Sharp metal, shattered glass, or severe impact can lead to deep cuts or even the loss of limbs.
- Underride Injuries: When passenger vehicles slide under truck trailers, occupants often suffer fatal or devastating head and neck injuries.
- Emotional and Psychological Trauma: The effects of a truck accident go beyond physical injuries. Many victims suffer from post-traumatic stress disorder, anxiety, and depression.
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
How to Prove Fault in a Truck Accident Claim
In addition to identifying liable parties in your claim, your San Antonio truck accident lawyer can help you establish liability by demonstrating four key elements. These include:
- Duty of Care: The defendant owed you a duty of care, such as obeying traffic laws and practicing safe driving. This duty is the backbone of road safety, ensuring that all drivers maintain vigilance and adhere to regulated norms to prevent harm.
- Breach of Duty: The defendant breached their duty by acting negligently, such as driving recklessly, violating hours of service regulations, or operating under the influence of drugs or alcohol. These breaches display a high level of disregard for public safety and require diligent legal examination to ensure accountability.
- Causation: The defendant's breach directly contributed to the accident and resulting injuries. Establishing causation links the negligent act directly to the harm caused, pivotal in determining liability.
- Damages: You suffered compensatory harm (damages) as a result of the breach. Damages can encompass medical expenses, loss of income, emotional distress, and more, each requiring substantiated evidence to quantify your claim requests.
To successfully prove negligence, it’s important to support your claim with relevant evidence. Your attorney can help you fortify your claim with:
- The trucker's inspection and safety logs
- Your medical records and photos of your injuries
- Repair and maintenance records from the trucking company
- The company's federal compliance history and employment records
- The trucker's contact information, driving history, CDL records, and medical records
- Data recovered from electronic logging devices (ELDs) and truck black boxes
- DOT inspection reports and FMCSA safety ratings
- Drug and alcohol testing results
Understanding San Antonio's Trucking Regulations
Who is Liable For a Truck Accident in Texas?
Depending on the circumstances of the 18-wheeler accident, various parties may be liable for damages. Consulting with a trusted attorney is critical to recovering damages for hospital bills, medical treatments, lost earnings, and other losses.
Common liable parties in Texas truck accident claims include:
- Truck drivers: Often, the truck driver may be liable for damages in a collision if their negligence contributes to the accident, such as driving recklessly, operating the vehicle while distracted or impaired by drugs or alcohol, violating hours of service regulations, or disregarding traffic laws. To determine liability, it's essential to scrutinize the driver's CDL history, training records, and adherence to FMCSA safety protocols, which can reveal patterns of behavior.
- Trucking companies: If a trucking company fails to adhere to safety regulations, conduct background checks, provide sufficient CDL training for drivers, or properly maintain and inspect their commercial vehicles, they may be responsible for injuries in an 18-wheeler accident lawsuit. Companies are obligated to foster a culture of safety that permeates through every employee and operational standard. This includes ensuring compliance with DOT regulations and maintaining proper FMCSA safety ratings.
- Truck manufacturers: If a faulty or defective part contributed to the accident, the truck manufacturer may be liable for damages. Investigating design flaws and recalling documentation may uncover substantial contributing factors to the malfunction.
- Cargo loaders: Improperly loaded cargo can cause the truck's weight to shift during operation, increasing the risk of accidents and leading to potential liability for cargo loaders. Detailed examination of cargo manifests and loading procedures can strengthen liability claims against these parties.
- Maintenance companies: Third-party companies responsible for truck maintenance may be liable for accidents caused by inadequate repairs, failure to identify safety issues during DOT inspections, or use of substandard parts.
Why Choose Kemmy Law Firm, P.C.?
Why partner with Kemmy Law Firm, P.C. for your 18-wheeler accident case? Here are some reasons to work with our highly skilled litigators:
- Experience handling commercial vehicle claims: Our lawyers routinely handle commercial vehicle crashes and are well-versed in the legal intricacies of these cases. We have extensive knowledge of the complex state and federal laws that regulate commercial trucks, including FMCSA regulations, DOT requirements, and CDL standards. We understand how these claims differ from typical auto accident claims, offering peace of mind that your case is in trusted hands. Our familiarity with diverse case histories and successful strategies affords clients comprehensive legal solutions tailored to unique circumstances.
- Legal knowledge: Because collisions involving eighteen-wheelers and other massive commercial trucks often lead to catastrophic injuries, victims are generally entitled to a greater amount of compensation. Our attorneys can help you calculate available damages to the fullest extent by identifying all liable parties and fortifying your claim with relevant evidence, including ELD data, black box information, and DOT inspection records. We collaborate with specialized consultants to ensure every claim meticulously addresses the full impact of an accident.
- Trial readiness: Truck accident lawsuits are often more challenging to navigate than traditional auto accident claims due to complex federal regulations and multiple potentially liable parties. Fortunately, our lawyers have decades of experience to guide your legal steps wisely at every stage of the process. We prepare every case for trial and never shy away from tough litigation if necessary to obtain a favorable verdict and prevent insurers from evading fair payouts. Regular mock trial exercises help us anticipate obstacles and prepare compelling arguments.
- Compassionate counsel: Our firm takes pride in providing the highest quality of representation to every client we serve. We understand the devastating hardships that an unexpected 18-wheeler accident can inflict on your health and quality of life, which is why we're committed to delivering compassionate and personalized counsel so you can focus on your recovery. Our approachable team facilitates open communication, ensuring all your queries are addressed promptly.
- Reputation for record-breaking verdicts: Since 1986, our team has built a reputation for achieving exceptional verdicts for our clients in Bexar County. With tens of millions of dollars recovered for injured Texans, you can trust Kemmy Law Firm, P.C. to fight tirelessly for the fair settlement you're entitled to. Our commitment to justice is unwavering, reinforcing our position as a cornerstone in the legal community.
Contact Our Truck Accident Attorneys in San Antonio Today
If you or a loved one has been injured in an 18-wheeler accident, seeking legal representation as soon as possible is essential. Kemmy Law Firm, P.C. is ready to fight for the justice and compensation you rightfully deserve. Our San Antonio truck accident lawyers are prepared to stand up against powerful trucking corporations and their insurers, using our deep knowledge of FMCSA regulations and Texas law to build the strongest possible case.
Hit by a truck operator? Our San Antonio truck accident lawyers can work diligently to recover a fair settlement. Contact us online to discuss your claim. Se habla español.
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"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O.
