What do you need to do to hold the trucking company liable in 2023 for your truck accident injuries?
When you're injured in a Texas truck accident, you need the help of an experienced Austin truck accident lawyer that knows how to hold the truck company accountable for your damages. To collect fair compensation, you must be able to prove negligence and fault. Trucking companies are held to a higher standard than other motorists, so it is important that the injured party takes all steps necessary to ensure that they collect the evidence needed to prove fault in their Texas Truck accident case.
In Texas, there are specific laws in place to address claims stemming from accidents involving commercial trucks. These laws also provide guidelines on how to prove fault and negligence on the part of the trucking company or its driver. In most cases, victims must demonstrate that the driver was acting negligently by not following applicable state and federal safety regulations. This may include violations related to speed, hours of service (HOS), vehicle maintenance or inspection, cargo loading and securement or other safety related issues.
Victims can also bring forth evidence such as eyewitness testimony or surveillance footage which can substantiate their claims of negligence and fault. Truck drivers are required to keep log books which detail their hours worked, rest periods and speed limits in order to prove they were adhering to HOS regulations. Truck maintenance records can reveal any defects with the vehicle which might have contributed to the accident. Additionally, truckers must adhere to certain weight limits when loading cargo onto their trailers and this information can be used as evidence in proving fault as well.
Gather the truck accident evidence
One of the most important steps in proving fault in a Texas trucking case is to secure and review evidence related to the accident. Gathering truck accident evidence can be a complex process, but it is an essential step in proving fault and negligence on the part of the trucking company.
One of the first steps is to identify any eyewitnesses or surveillance footage that could be useful in building a case for negligence or fault. There may also be video recordings from nearby traffic cameras which can provide visual evidence of how the accident occurred.
Victims should also obtain records from the truck driver’s log book, if available. Particularly, truck safety manuals will be very helpful in building an understanding of how the truck accident happened. Truck drivers are required by law to keep detailed records of their hours worked and rest periods to ensure compliance with applicable state and federal safety regulations.
Truck maintenance logs should also be collected, as any defects with the vehicle can be evidence in support of your claim for damages. Truckers must adhere to certain weight limits when loading cargo onto their trailers — this information can prove invaluable when establishing liability in a trucking accident case. If there is evidence that the driver was under the influence of drugs, this will usually be found in the toxicology report.
Finally, photographs taken at the scene of an accident can provide important evidence revealing potential hazards which may have contributed to the accident, such as poor road conditions or weather-related issues. Additionally, these photos can help prove what kinds of injuries were sustained in the crash and whether they are directly related to fault on behalf of the trucking company. By taking steps to gather all necessary evidence related to a trucking accident, victims can have a much better chance at receiving proper compensation for their damages.
Determine what laws or regulations were violated
In order to further prove negligence on behalf of the trucking company or its driver, victims must demonstrate that applicable state and federal safety regulations were violated. In order to determine what laws or regulations were violated in a truck accident, victims should first review the applicable state and federal safety regulations related to the incident.
This includes analyzing factors such as speed limits, hours of service (HOS) regulations, cargo loading and securement, and vehicle maintenance. It may be helpful to have an accident reconstruction completed to collect evidence of crash related factors. The evidence collected may show that the truck driver was in fact at fault, as with:
- Jackknife truck accidents
- Fatigued driving truck accidents
- Tire blowout truck accidents
- Rollover truck accidents
- Blindspot truck accidents
- Drug related truck accidents
- Dump truck accidents
- Run off road truck accidents
Truck drivers are required to keep detailed log books which detail their hours worked, rest periods and speed limits in order to prove they were adhering to HOS regulations. If these rest period requirements are not met, the driver may become fatigued and expose other drivers to danger. Truck maintenance records can reveal any defects with the vehicle which might have contributed to the accident.
Truckers must also adhere to certain weight limits when loading cargo onto their trailers and this information can be used as evidence in proving fault as well.
Additionally, existing surveillance footage or eyewitness testimony can help substantiate claims of negligence and fault on behalf of the trucking company or its driver. By examining all relevant documents and evidence related to a truck accident, victims can gain a better understanding of what laws or regulations may have been violated prior to the incident.
Hire a Texas truck accident lawyer
Truck accident victims in Austin should start by hiring an experienced Austin truck accident lawyer. Our Austin truck accident lawyers have can help them build a strong case against the trucking company or its driver.
A truck accident lawyer will be able to examine all available evidence and uncover any potential areas of negligence which would strengthen the victim’s claim for damages. Additionally, they can negotiate with insurance companies on their behalf in order to negotiate a fair amount of compensation for medical bills or other losses incurred from the accident.
In any case involving a Texas truck accident injury, it is critical that victims obtain legal representation as soon as possible so they can begin building a case against the negligent party involved.
With proof of liability, victims can receive monetary compensation for medical costs and other expenses associated with their injuries which will help them move forward after suffering loss due to an unfortunate accident caused by someone else's negligence.
Contact our Austin Truck Accident Lawyers to protect your rights
When someone is injured in an Austin truck accident caused by the negligence of a trucking company or its driver, they may benefit from a free consultation with our reputable truck accident lawyers. Our Austin truck accident lawyers have extensive knowledge of state and federal safety regulations related to commercial vehicles and can help prove negligence on behalf of the wrongdoer.
An experienced truck accident lawyer will be able to examine relevant documents and evidence, negotiate with insurance companies, and investigate any potential areas of negligence that strengthened their case for damages.
Victims seeking justice after being wrongfully injured in a trucking accident may also be entitled to receive compensation for medical bills, lost wages, pain and suffering, or even punitive damages from the negligent party.
As such, speaking with an experienced attorney who specializes in these kinds of truck accident cases is essential in order to ensure victims receive proper compensation for their losses. Truck accident attorneys can provide invaluable assistance to those looking to hold liable parties accountable while helping them get back on their feet after a traumatic experience. Call us today at 512-619-4006.