The injuries and losses you suffer following a Texas truck crash can be significant. When negligence on the part of the truck driver or someone else causes the wreck, you often have the legal right to seek monetary compensation from that at-fault party.
Building the strongest injury claim you can is essential to recovering the damages you need and deserve. Here are key strategies to keep in mind.
Important Steps to Take Immediately After a Texas Truck Crash
If you are involved in a wreck with a commercial vehicle, your first task is to get to safety and call 911. If you can move out of the way of other traffic, do so. Otherwise, call or ask someone else to contact emergency services.
Next, seek medical care as soon as possible. Catastrophic injuries like concussions and internal organ damage are common after truck crashes. Seeing a doctor promptly helps ensure these injuries receive appropriate treatment before they cause additional complications.
Finally, consider photographing the accident scene, including the wrecked vehicles, street signs, traffic signals, and debris. The more pictures you take, the easier it can be for your truck crash lawyer to reconstruct your accident and determine how it unfolded.
Collecting Evidence: Police Reports, Photographs, and Witness Statements
You may know how your truck crash unfolded and who is to blame, but you’ll need to be able to back up that claim with evidence. Police reports, witness statements, and photographs are just some of the records and documents you can use to strengthen your case for compensation.
Obtaining these records can take time, which is why it is vital to work with a skilled truck crash lawyer in Texas. Your attorney can track down the evidence available in your case, make requests of appropriate agencies and businesses, and issue subpoenas for records that others may not want to turn over voluntarily.
How Trucking Company Records and Driver Logs Can Support Your Case
To uncover how your truck crash happened, your truck accident lawyer may request and analyze files from the trucker and their employer. These records can include the driver’s logbook, medical certificates, driving history, and past disciplinary issues. Your attorney will typically be looking for evidence suggesting any of the following:
- The driver had a history of violating laws or company policies
- The trucker was violating hours of service rules or out-of-service orders
- The company failed to address unsafe or reckless driving behaviors adequately
- The driver had a medical condition that was not being controlled
In isolation, trucking company records alone may not be able to prove all the necessary elements of your claim. However, they can corroborate other witnesses and evidence and provide objective proof that the truck driver or others were acting carelessly at the time of the crash.
The Role of Federal and State Regulations
Commercial drivers are subject to numerous federal and state laws, including laws that limit how long they can drive before they must rest. Trucking company records can help show whether the driver and company broke any of these rules through indifference or recklessness. Violating clearly established laws is often considered negligent behavior.
Who Is Responsible for Your Crash?
You might assume that the truck driver is legally responsible for your injuries. While this is accurate in many situations, others may also be partly or wholly liable. These other potential parties include:
- The truck driver’s employer and insurer
- Another motorist who contributed to the crash
- A vehicle or vehicle part manufacturer
- A mechanic who serviced the truck just before the accident
Identifying the proper party is not just about holding the right person accountable; it also helps ensure there is adequate compensation available to meet your needs.
The Importance of Knowledgeable Legal Representation
Successfully resolving a truck accident claim requires guidance from a knowledgeable truck crash attorney. Insurers are often eager to settle claims quickly for as little as possible or find reasons to deny otherwise legitimate claims.
An attorney helps uncover the true value of your case and ensures that you are being treated fairly during negotiations. An experienced lawyer can also help you decide when accepting a settlement offer is appropriate and when it makes sense to take your case to trial.
FAQ
How Soon After a Truck Crash Should I Seek Legal Help?
Although Texas permits you to file an injury claim up to two years after a trucking crash happens, it’s best to file as soon as possible. As time passes, witnesses can begin to forget crucial details, and valuable evidence can be lost. The sooner you start your claim, the better chance it may have to succeed.
Why Do I Need to Build a Strong Case if Most Cases Settle?
The strength of your claim can have a direct impact on the outcome of settlement negotiations. Stronger cases tend to settle more quickly and for greater compensation than those that are not as well-supported.
How Much Is a Strong Truck Crash Case Worth?
Your case’s worth and the compensation you can expect depend on your medical bills, physical and emotional injuries, lost wages, and other expenses. The more evidence there is to demonstrate these losses, the higher the likelihood you will recover them through a settlement or trial verdict.
Trust Our Truck Accident Attorneys With Your Case Today
Truck companies and their insurers are focused on their bottom line. You deserve an advocate who will fight for your best interests at every turn.
At Ramsey Law Group, our accident lawyers are dedicated to protecting the rights of the injured throughout Houston and beyond. We take pride in providing our clients with personalized representation built on more than 25 years of experience. Contact us and request your free consultation to get started today.