Truck accident claims in Texas are different because of the higher value of the claims, federal safety regulations, black box data, and multiple potentially liable parties. To prove liability, a truck accident lawyer must act quickly, pinpoint negligence, and demonstrate that the truck driver, trucking company, or other parties caused the accident.
When a truck accident happens, it is not just a more serious car accident. In Texas, truck accident claims are different, more technical, and more aggressively defended by trucking interests. When you have been injured in a truck accident, you are dealing with severe injuries, loss of income, growing medical expenses, and a whole lot of confusion about what to do next. That is why you need an experienced truck accident lawyer in Texas as soon as possible.
Why Truck Accident Cases Are Different From Regular Car Accident Claims
While a normal passenger vehicle accident can still result in a serious injury, truck accident claims are different because they normally have more damage, more complexity, and more parties at fault. A truck accident attorney has to not just investigate the truck driver, but also the trucking company, the truck, the cargo, as well as any outside maintenance providers.
Here is why these cases are different:
- Commercial trucks have the potential to cause serious injury due to their size and weight
- Trucking companies have teams on standby to begin investigating the case right away
- There may be federal and/or state regulations governing trucking in Texas
- There may be several insurance policies at play in a trucking accident case
- There is a limited window in which evidence, like electronic logging, is available to preserve in trucking accident cases.
This is why people often look online to find a truck accident lawyer near me after a serious accident.
Understanding Texas's Comparative Fault System
Texas follows a modified comparative fault rule, which means that while the fault may be shared in a trucking accident, the injured party is entitled to compensation unless they are 50 percent or more at fault.
Here is the basic rule:
- If you are 50 percent or less at fault, you are entitled to compensation.
- You will receive compensation reduced by your percentage of fault.
- If you are over 50 percent at fault, you are not entitled to compensation.
For example, if your damages are $500,000, but you are 20 percent at fault, your compensation would be reduced to $400,000.
When it comes to trucking accidents, insurance companies may place blame on the injured driver. A truck accident lawyer can help challenge unfair apportioning of fault to your claim.
What Makes Liability More Complicated in a Truck Accident?
One of the biggest reasons why people seek truck accident lawyers is that the liability may not be limited to the truck driver. Several parties may be liable for the accident.
Parties That May Be Liable
- The truck driver
- The trucking company
- The owner of the truck or trailer
- A cargo loading company
- A maintenance or repair provider
- A manufacturer of defective truck parts
For example, a truck accident attorney may discover that the driver was fatigued, the company was pressuring unrealistic deadlines, and the brakes were not maintained properly. This can completely flip the case on its head.
Key Factors That Determine Fault in Truck Accidents
Fault in a truck accident is usually built from a combination of physical evidence, digital records, witness statements, and violation of safety regulations.
Driver Negligence
A truck driver may be at fault for:
- Speeding
- Distracted driving
- Following another vehicle too closely
- Making unsafe lane changes
- Driving while under the influence of drugs or alcohol
- Driving while fatigued
- Failure to check blind spots
Trucking Company Negligence
A trucking company may be at fault for:
- Negligent hiring of a truck driver
- Negligent training of a truck driver
- Failure to properly inspect and maintain the vehicle
- Pressuring a truck driver to violate hours of service regulations
Equipment or Cargo Problems
Liability may also be tied to:
- Tire blowouts
- Brake failure
- Improper cargo loading
- Overloaded trailers
- Defective truck parts
A Dallas truck accident lawyer, Fort Worth truck accident lawyer, or Arlington truck accident lawyer will usually analyze all of these factors before determining who to name in the case.
Common Types of Evidence Used to Prove Fault
Evidence is everything in a truck crash case.This is often where many claims are won or lost..
A Truck accident attorney Dallas or truck accident attorney fort worth will often seek the following evidence right away:
- Police crash report
- Photos of the crash scene
- Witness statements
- Dash cam footage
- Surveillance video
- Black box data
- Driver logbooks
- Electronic logging device records
- Truck inspection and maintenance records
- Drug and alcohol testing results
- Cargo records
- Cell phone records
- Employment and training records
This is why many people search for truck accident lawyers near me immediately after a truck accident. This is because critical evidence may be deleted, destroyed, or overwritten if not preserved immediately.
The Role of Police Reports in Truck Accident Cases
Police reports are always important in any accident case. However, they are especially important in truck accident cases. This is because they often have details on road conditions, vehicle positions, witness statements, as well as any injuries sustained. Moreover, they will show if any citations were issued.
A report may help show:
- The truck driver violated any traffic laws
- The accident was caused by weather or road conditions
- The truck driver was under the influence or tired at the time of the accident
- The officer believed that one party was responsible for the accident
Although this is true, a truck accident lawyer fort worth or Fort Worth truck accident attorney may still find evidence that goes beyond what the officer could have known at the time.
How Witness Statements and Testimonies Can Impact Fault
Witnesses can make a significant difference in truck accident claims. They can verify that the truck crossed into the next lane, ran a red light, or was traveling too fast.
Helpful witness testimony may include:
- What was the truck doing before the accident?
- Was the truck driver distracted?
- Did the truck try to stop?
- Was there any shifting of the load?
- Was anything done by the injured person that was unsafe?
What Role Do Traffic Laws and Accident Reconstruction Play?
Traffic laws define safe driving practices. If a truck driver violated these laws in the accident, it can serve as proof of negligence. However, in truck accident claims, the investigation may extend further.
Accident Reconstruction Can Help Show:
- Determine the speed at which the truck was traveling.
- Determine the angle at which the truck struck the other vehicle.
- Determine if the truck was braking.
- Determine in which lane the truck was.
- Determine how much time was available to prevent the accident.
Accident reconstruction experts use skid marks, black boxes, measurements at the scene, vehicle damage, and road conditions to recreate the accident. A truck accident attorney may consult these experts in disputed cases.
What to Do After a Truck Accident
Many people want to know what to do after a truck accident. This is because the first few hours can have a significant impact on the entire claim. Here is a simple checklist.
Immediate Steps to Take
- Call 911 and get police and medical help.
- Take pictures of vehicles, road conditions, skid marks, and any visible injuries.
- Get witness contact information.
- Don’t give a recorded statement to the trucking company’s insurer.
- Don’t sign anything without first consulting an attorney.
- Contact a truck accident attorney as soon as possible.
The last one may be more important than people think. The trucking company’s insurer is often prepared immediately, while injured individuals may not be.
Mistakes to Avoid After a Truck Accident
Even a strong case can be weakened by a few avoidable mistakes.
- Waiting too long to get medical treatment.
- Posting about your accident on social media.
- Settling quickly for an insurance payout.
- Assuming that the truck driver is the only responsible party.
- Not preserving photos and other documents.
- Making statements to the insurer without an attorney.
A truck accident lawyer Texas can help you avoid these problems and keep the case on track.
Pros and Cons of Filing a Truck Accident Claim
Pros
- You may be able to collect compensation for medical expenses, lost income, pain and suffering, and future medical care.
- The claim will help to hold negligent parties accountable.
- The case may be strong enough to prevent future violations of safety regulations.
Cons
- Claims involving trucks can take longer to process compared to other claims involving cars
- The trucking firm may defend itself vigorously against liability
- Expert investigation might be necessary
Still, for many injured Texans, filing a claim is the only way to potentially recoup financial damages
FAQs
How is a truck accident case different from a car accident claim?
In a truck accident case, federal trucking regulations, more insurance coverage, black box evidence, and multiple liable parties can be involved. This is why many individuals prefer hiring a semi truck accident lawyer or an 18 wheeler accident lawyer rather than going it alone in a truck accident case.
When should I call a truck accident lawyer near me?
Contact a truck accident lawyer as quickly as you can after a truck accident. A truck accident attorney can help you preserve black box evidence, maintenance records, and driver records, which can be lost forever if you wait too long.
Can I still recover money if I may have been partly at fault?
Yes. Under Texas comparative fault rules, you can still recover money even if you were partially at fault in a truck accident. A truck accident attorney near me can help you understand how fault might affect your case.
Schedule a Consultation With a Texas Truck Accident Lawyer
If you have been injured in a truck accident, you do not have to wait any longer to get the answers you deserve. Contact The Cain Firm and we can help you investigate a truck accident, preserve evidence, and pursue fair compensation.