In 2022, the United States witnessed 5,370 fatalities due to truck accidents. Texas, notably leading in this grim statistic, recorded 692 such incidents, the highest in the nation.
At the Stewart Law Firm, we are committed to meticulously navigating the intricacies of truck accident cases in Texas. Continue reading this blog as our seasoned truck accident and personal injury advocate, Stephen Stewart, provides a detailed guide when investigating a truck accident in Texas.
Why Thorough Investigations Are Crucial for Truck Accidents
To successfully claim compensation, you and your lawyer must demonstrate that the defendant’s negligence caused your injuries. Given that multiple parties might be involved, your case can become complex, which is why starting a detailed investigation immediately is vital.
A skilled truck accident attorney should inspect the accident scene promptly, ideally before it’s cleared (if possible). This allows them to reconstruct the event accurately and understand each vehicle’s actions at the time of the crash.
Through careful examination of the evidence both during and after the scene, an experienced lawyer with a proven track record in handling such cases can assess factors such as whether the semi-truck was speeding, following too closely, or failing to yield. They can also evaluate the following:
- Driver’s qualifications
- The truck’s maintenance
- The security of the cargo
- The involvement of other vehicles
- The impact of weather conditions on the accident
Steps of a Trucking Accident Investigation in Texas
Securing rightful compensation largely hinges on the strength of the evidence gathered. Strong evidence helps establish a compelling case, holds responsible parties accountable, and helps you avoid low settlement offers.
A meticulous investigation into the accident is crucial to determine what occurred and who is responsible. An accident lawyer will conduct this investigation on your behalf.
- Step 1: Collecting Evidence – This involves obtaining the police report, documenting the crash site with photographs and videos, and capturing the damage to all vehicles involved and any nearby structures.
- Step 2: Interviewing Witnesses – The lawyer will identify and interview everyone involved in the accident, including first responders.
- Step 3: Examining the Trucking Company and the Driver – This includes reviewing the driver’s logs, personnel file, and driving record for any safety violations.
- Step 4: Finding and Analyzing the Truck’s Data Recorder – Often referred to as the truck’s “black box,” this device records data on the truck’s operation and can provide crucial information about the truck’s behavior before the accident.
- Step 5: Examining the Truck – An inspection of the truck can reveal if there were any defects in the truck’s equipment or issues with how the truck was loaded or secured.
- Step 6: Consulting Professionals – Your attorney can help you collaborate with medical providers, crash reconstruction professionals, black box specialists, life care planners, and toxicologists to strengthen the case.
Understanding of Texas Trucking Regulations and Laws
The comprehensive regulations governing commercial truck operations in Texas are critical for establishing liability in accident recovery cases. Here is an overview of key Texas trucking regulations:
- Commercial Driver’s License (CDL) Requirements: To drive a commercial vehicle in Texas, one must hold a valid CDL and meet specific licensing and training requirements.
- Hours of Service (HOS) Regulations: The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules on how long truck drivers can operate without breaks. Ignoring these rules can lead to driver fatigue and increase the risk of severe accidents.
- Vehicle Maintenance Standards: Trucking companies are required to maintain their vehicles according to safety standards. Poor maintenance can cause mechanical failures and accidents.
- Weight and Size Limits: Texas enforces specific limits on the weight and size of commercial vehicles to prevent the risks associated with overloaded or oversized trucks.
It is of utmost importance to work with a truck accident lawyer in Austin with a deep knowledge of Texas trucking laws and regulations is of utmost importance.
Determining Liability for Truck Accidents in Texas
One of the most important parts of the truck accident investigation includes determining who is responsible for a truck accident in Texas, as this can clarify the source of the pain and suffering caused.
1. Driver Negligence
Often, truck accidents result from driver negligence, such as speeding, distracted driving, impaired driving, or failing to yield. Evidence collected may demonstrate that the driver breached their duty of care, leading to the accident.
2. Employer Liability
Transportation companies can also be held accountable if their negligence in the following areas contributed to the accident:
- Hiring
- Training
- Supervising drivers
- Maintaining their vehicles
3. Manufacturer Liability
If a defective truck part played a role in the accident, liability might extend to the manufacturer responsible for that part, holding them accountable for any injuries and damages caused.
An experienced lawyer can adeptly determine liability in a truck accident in Texas, strengthen your case, and ensure all responsible parties are held accountable.
Pursuing Compensation for Truck Accidents in Texas
Once the necessary data and evidence have been gathered, a lawyer will help identify the types of damages you are entitled to pursue from the liable parties.
- Medical Expenses: Victims may be compensated for medical costs, including hospital stays, surgical procedures, medications, and rehabilitation. Injuries like brain injury, permanent disfigurement, and all others must be compensated well.
- Lost Wages: If injuries prevent a victim from working, compensation for lost wages and diminished earning capacity can be sought.
- Pain and Suffering: Compensation for non-economic damages like pain and suffering, and emotional distress is also available in truck accident claims.
- Property Damage: Compensation can also be sought for the repair or replacement of damaged vehicles and any personal property lost.
Our team at the Stewart Law Firm will guide you through the complex process of claiming compensation from insurance companies, ensuring you receive what you rightfully deserve.
Contact Our Seasoned Truck Accident Lawyer at The Stewart Law Firm Today
If you’ve recently experienced a life-altering truck accident, having a compassionate and experienced attorney like Stephen Stewart by your side is crucial.
It’s essential to begin the investigation process promptly after a commercial vehicle collision. Crucial information, evidence, and data can fade or be lost within a few months, and rest assured, commercial trucking defense attorneys will be diligently building their case, potentially at your expense.
By understanding the investigative steps necessary to build a robust case, you’ll gain a deeper appreciation for the diligent pursuit of justice after a truck accident. Contact us at (512) 326-3200 for a free initial consultation today.
