Getting a Truck Accident Settlement: Determining Employer Responsibility

If you were injured in a truck accident, you could be due compensation for your injuries, lost income, and other damages. Unfortunately, claims involving commercial trucks are often very complicated. While the driver may have had a hand in causing your wreck, there are other parties who may also hold liability, including the driver’s employer. Are you seeking a truck accident settlement? Consider employer responsibility in your collision.


There could be employer responsibility in your accident if:


  • The driver was not fit, licensed, or qualified to be operating the vehicle.
  • The driver was working in violation of Hours of Services regulations.
  • The truck involved was poorly maintained or serviced.
  • The truck’s cargo was improperly loaded or balanced.
  • The driver was not properly trained.


If any of these are true in your case, you may be able to seek a truck accident settlement not only from the at-fault driver, but from their employer as well.


Filing a Claim


If you’re considering filing a claim for the injuries you sustained in a truck wreck, it’s important to contact a qualified legal professional as soon as possible. Trucking companies are notorious for destroying records and paperwork that could incriminate the company or its employees in a wreck. An attorney will be able to issue a spoliation letter, which notifies the trucking company of your intent to file a claim and requests certain records and paperwork be kept intact.


To build your case, your attorney will also help gather evidence, such as the driver’s log book, the police report, and the Driver Qualification File. The DQF is a file required of all commercial drivers; it contains information on past employment, drug and alcohol test results, licensing, driving tests, and records of any past traffic accidents or violations. With this information, you may be able to prove employer responsibility in your wreck.


Were you in a truck wreck? Consider seeking a truck accident settlement for your injuries, lost wages, and property damage. Contact San Antonio truck accident attorney Pat Maloney today.

How to File a Workplace Injury Claim

If you were hurt or injured on the job, you’ve likely had to miss work, pay costly hospital bills, and endure much pain and suffering. You can seek compensation for these items and more by filing a workplace injury claim against your employer.


When you’re injured at work, you have two options for filing a workplace injury claim:


1. If your employer has worker’s compensation coverage, you can file a claim through Texas Worker’s Compensation and seek payment for your medical bills and lost wages.

2. If your employer does not have worker’s compensation coverage, you can file an injury claim against them directly in civil court and seek compensation for your medical costs, lost income, pain, suffering, and other damages. Though this type of claim may be able to garner you more money than one filed through Texas Worker’s Compensation, it will require you to prove your employer was at fault in causing or contributing to your injury.


Filing a Claim through Worker’s Comp


If your employer carried Worker’s Compensation Coverage, you will need to file your claim through the Texas Department of Insurance – Division of Worker’s Compensation. In order to do so, you will first need to notify your employer of your injury within 30 days of the incident. Then, you will need to fill out a DWC Form-041, also called an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, and submit it to the Division. This form must be filed within one year of the date your injury happened.


A workplace injury claim filed through worker’s comp could earn you benefits for:


  • Income and wages – If you lose income due to your workplace injury, you can be compensated for these through worker’s comp. Additionally, if you are permanently impaired or unable to work because of the injury, you may also receive lifetime income benefits.
  • Medical costs – If you’ve incurred expenses while caring for and treating your workplace injury, worker’s comp may compensate you for these. It may also provide funds for any future treatments or medical bills.
  • Burial and death expenses – In the event a workplace accident leads to death, worker’s comp may cover funeral and burial expenses, as well as any income lost due to the death.


For help filing your workplace injury claim through Texas Worker’s Compensation, contact an injury lawyer near you.


Filing an Injury Claim without Worker’s Comp


If your employer does not have worker’s compensation coverage, and you opt to file a workplace injury claim against them, you will need to contact a local injury lawyer to guide you through the legal process. In order to win your claim, you will need to prove that negligence on the part of your employer led or contributed to your damages and injury. Your lawyer will be able to help you gather evidence and line up witness testimony in order to prove your case.


Evidence that could help prove your employer’s fault in your workplace injury claim includes:


  • Medical records regarding your injuries.
  • Testimony from any colleagues or coworkers who may have witnessed the incident.
  • Testimony from medical experts on how your injury will affect your life and your ability to work.
  • Photos of the accident scene, your injuries, or any hazardous conditions that may have led to the accident.
  • Copies of any documents, such as company procedures, policies, emails, handbooks, and more that may support your claim.


Are you considering filing a workplace injury claim against your employer? Contact the Law Offices of Pat Maloney to speak to a work related injury attorney in San Antonio about your case today.

Statistics of Driver Fatigue Accidents

We all know it is dangerous to drive drunk, but what about driving when sleepy? According to the National Highway Traffic Safety Administration, an estimated 56,000 car accidents occur every year in the U.S. because tired drivers get behind the wheel. Additionally, a study by the National Sleep Foundation revealed that 60 percent of adult drivers admit to driving while tired in the last year. With these types of shocking statistics, it’s easy to see that driver fatigue accidents are a serious problem on our roads.


Risk Factors


The National Sleep Foundation’s survey also revealed some interesting information regarding the risk factors behind driver fatigue accidents. Some highlights include:


  • Men are more likely to drive tired than women are. They are also more likely to fall asleep behind the wheel.
  • Thirty-seven percent of adult drivers admit to having fallen asleep while driving in the last year. Thirteen percent said they do so at least once a month.
  • Adults between the ages of 18 and 29 are the most at-risk demographic for driving drowsy. Drivers 30-64 are the next most likely.
  • Drivers who work an abnormal schedule or night shift job are more prone to tired driving than those who work during the daytime hours.
  • Twenty-three percent of adults say they know someone who has been in an accident due to falling asleep behind the wheel.
  • More than 25 percent of adults who drive to work daily say they make their commute while fatigued at least a few days a month. Twelve percent admitted to doing it several times a week, while 4 percent said they do it every day.
  • Adult drivers who have children in their household are more likely to drive while tired than those who have no children at home.


Additionally, the AAA Foundation for Traffic Safety found that drivers who sleep less than 5 hours a night carry 4 to 5 times the risk of driver fatigue accidents than those who sleep a full 8 hours a night.




Driving tired comes with a number of dangerous and serious side effects that could increase your risk of a collision, including slowed reaction time, impaired judgment and vision, an inability to focus, decreased alertness, and feelings of stress, anger, and aggression. Also, because tired drivers have trouble paying attention to the road, they tend to go faster than they normally would, exceeding the speed limit and putting them (and other drivers on the road) at an even higher risk for an accident.


If you think you may be too tired to drive, there are several warning signs you can look out for. If you start to show any of these symptoms of fatigue, pull over and take a nap before continuing on the road. You could prevent dangerous driver fatigue accidents from happening.


Warning signs of driver fatigue include:


  • Excessive yawning
  • Impatient or stressed feelings
  • Heavy eyelids
  • An inability to focus or pay attention
  • Stiffness
  • Drifting from side to side in the lane


You can also decrease your risk of tired driving by avoiding alcohol or large meals before hitting the road, using stimuli, such as fresh air, water, music, and more to keep you alert, taking a break from driving every hour or two, or bringing along a buddy to share driving duties with.


Were you or someone you love victims of driver fatigue accidents? You could have grounds for a claim and be due compensation for the injuries, damages, and pain and suffering the wreck has caused you. Get in touch with a San Antonio car accident lawyer at the Law Offices of Pat Maloney today to learn more about your legal options.