Commercial truck accidents can cause severe or even fatal injuries due to the truck’s mass. As a result, crash victims could face significant financial costs for medical bills and lost income. Moreover, a victim may suffer trauma that reduces their quality of life.
Fortunately, a commercial truck accident attorney can pursue claims against the trucking company that negligently caused the collision. Building a case against a trucking company requires work. The following tips can help you gather the evidence you need for an effective claim against a negligent trucking company.
See a Doctor
After your truck accident, seek the level of medical care appropriate for your injuries. If you have been disabled at the accident scene, request an ambulance from the emergency dispatcher. If you can leave the scene without assistance, consider visiting an emergency room or a clinic. Finally, consider visiting a doctor’s office promptly upon developing delayed symptoms in the hours or days after the crash.
A doctor’s visit helps you in two ways. First, the doctor can diagnose your injuries. Without this diagnosis, you cannot determine how the injuries will affect your daily life and what future treatment or therapy you may need. Thus, the diagnosis will help you establish the losses resulting from your injuries.
Second, the doctor will produce medical records. These records will prove when and how you were injured. This evidence establishes a causal link to your traffic accident.
Gather and Preserve Evidence at the Crash Scene
Trucking companies are liable for crashes caused by negligence. Negligence means that the trucking company or its driver did something that a reasonably prudent trucking company or its driver would not have done.
This means that your commercial truck accident attorney must prove how the crash happened and tie the crash cause to the trucking company’s actions. Evidence from the scene, including photos and videos, can explain what happened. They can also provide information for expert witnesses to reconstruct the accident using engineering and scientific principles.
You should also get the names and contact information for any eyewitnesses. These witnesses can provide first-hand accounts about the driver’s actions and the truck’s movements.
Obtain Official Records
Texas law requires all drivers, including truck drivers, to immediately report any accident that causes the following:
- Death
- Injury
- Damage that disables a vehicle
The responding officers will investigate the crash and produce an accident report. This report will include facts about the collision, such as the weather and lighting conditions, as well as the officers’ investigative findings.
Interstate trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Its regulations require trucking companies to keep copies of equipment inspections, drug testing results, and other records.
Your commercial truck accident attorney can get copies of these records from the trucking company. If the company violates any regulations, the FMCSA will have an official report.
Request Information From the Trucking Company
Trucking companies are required to install electronic logging equipment to track hours of service. There are rules that dictate how long drivers can work and when they must take breaks, and electronic logs are more difficult to alter or erase than paper copies.
After a crash, these logs become highly relevant to determining whether the company or its driver violated the hours of service rules.
Your commercial truck accident lawyer can send a letter to the company to preserve the logs. By acting quickly, your attorney can seek this evidence before it gets lost or erased.
Do Not Talk to the Trucking Company or Its Representatives
Insurers and sureties have a duty to their client, the trucking company. They are also required to follow the policy terms in good faith. They owe you no such duty.
Refrain from talking to the trucking company as well as its insurers and sureties. Anything you say can be twisted to undermine your case or strengthen the trucking company’s case.
Once you have legal representation, your lawyer can evaluate whether you need to speak to the company’s claims adjuster. However, most claims can be investigated without your input, even if the claims adjuster insists otherwise.
Track Your Losses
The value of your car accident claim depends on your economic and non-economic losses. Economic losses include medical costs, income losses, and other financial expenses you incurred as a result of your injuries. Non-economic losses include your pain, suffering, disability, and disfigurement.
You can help your truck crash lawyer by tracking your losses. Keep receipts, medical bills, and pay records. Also, discuss all your symptoms with your doctor, so your medical records are complete.
Consult an Experienced Commercial Trucking Accident Attorney
Experience matters when handling commercial trucking accident claims. Your lawyer must know Texas trucking laws and federal safety regulations. They must also understand insurance claim processes and court rules. These skills will help them customize a strategy for your case by applying the law to your unique situation.
FAQ
Do Accident Victims Have a Case Against a Trucking Company if the Truck Driver Caused the Crash?
Trucking companies are typically liable for the acts of their employees. Thus, you will usually pursue a truck crash claim against the trucking company rather than the driver for collisions resulting from risky driving. However, in many instances, you may pursue a claim against both the trucking company and the truck driver.
Can a Crash Victim Sue for Equipment-Related Collisions?
Truck operators have a responsibility to maintain and repair their vehicles. If a trucking company is negligent in keeping its equipment safe, it may be liable for any resulting crashes.
How Does a Commercial Truck Accident Lawyer Prove a DUI Truck Accident?
DUI truck accidents happen even though drivers are required to take drug and alcohol tests. Your attorney often collects ample evidence of intoxication, including tests conducted by police officers at the scene and post-crash tests by their employer.
Contact Ramsey Law Group for Help Building Your Commercial Truck Accident Claim
A truck accident can cause significant financial hardships. Contact us to learn how we can build a case for injury compensation.