What You Need To Know After A Commercial Trucking Accident In Texas

Facing the aftermath of a commercial trucking accident can be overwhelming. The physical and emotional toll, combined with the complexities of legal procedures, can make it difficult to know where to start. At The Law Office Of Fred A Medina, we understand the challenges you’re facing, and we’re here to guide you every step of the way.

In this article, you can discover…

• How negligence is defined in a truck accident in Texas.
• What evidence should be gathered after an accident with a commercial truck.
• How an attorney can help you counter insurance companies’ claims.

What Constitutes Negligence In A Truck Or Commercial Vehicle Accident In Texas?

In Texas, the driver of a commercial truck has a legal obligation to operate their vehicle with an exceptional level of care. This responsibility is heightened because they are in control of massive and potentially dangerous vehicles. Negligence occurs when a truck driver breaches this duty of care, leading to an accident that results in injury or property damage.

Negligence can take many forms, such as failing to follow traffic laws, driving while fatigued, improperly securing cargo, or not maintaining the vehicle in safe working condition. When a truck driver or the company they work for neglects these responsibilities, it can have severe consequences. Due to the size and speed of commercial vehicles, accidents involving them often result in significant damage to other vehicles and serious injuries to the people driving them.

How Should I Gather Evidence To Prove Driver Negligence?

Many accidents with trucks can be devastating, and you may be too injured to begin to retrieve evidence at the accident scene itself. But if you can exit your vehicle and move about, make sure you are at a safe location. Begin to take photos and videos of the accident scene and damage to your vehicle, and get the names and contact information of the driver, their company, and any witnesses to the accident. 

Call 911 and allow the police to document the accident scene, as well. Get to a hospital, too, even if you feel relatively well. Getting to a hospital ensures your injuries are documented through medical records and gets you fast medical treatment. 

Be sure to get copies of the police report and your medical records as soon as possible. Often, police reports contain information and observations not apparent to you or other drivers. This data could help clear you of responsibility and will be important in understanding the details of your case and the accident itself. 

How Can A Truck’s Black Box Data Be Used To Establish Negligence?

A truck’s black box data is stored in a device within the truck. The data within the black box records where the truck was at any given moment, records speed, braking patterns, and other data that can help prove driver negligence.

For example, did the driver have a habit of braking hard and at the last minute? Did the driver tend to speed or drive too fast for road conditions? This can help pinpoint unsafe driving patterns that violate an obligation to be safe and careful while operating a commercial vehicle. 

If I’m Partially At Fault For An Accident, Does This Impact My Personal Injury Claim?

Texas has what is called a “modified comparative negligence” rule, which states that if you are up to 50% responsible for the accident, you still have a case. However, if you are determined to have been 51% or more at fault for the accident, you can not claim negligence. This percentage of responsibility is determined in court. 

Prior to going to court, an insurance company may try to argue that you were at fault, and without a lawyer, it can be difficult to counter their claims. If the insurance company does try to shift blame onto you during negotiations, let them know that they will be speaking with your attorney next. You are not obligated to answer their questions, explain yourself, or make your case to them. 

Even if you feel you may have been responsible, allow your attorney to review accident data and fight for your cause. The black box data, police report, and other evidence may ultimately reveal a very low amount of responsibility on your part, allowing you to move forward with your claim. 

What Are Common Tactics Insurance Companies Use To Limit A Settlement Or Deny Negligence In A Claim?

Trucking companies will often argue that you were at fault for the accident. They may also argue that mechanical issues were at fault for the accident, not the truck driver. Still, trucking companies are obligated to perform safety checks before going on the road and to make sure all equipment is safe and operational.

Trucking companies may also argue that your injuries were not caused by the accident itself. This is especially true if you wait to seek medical attention following the accident. Seek medical attention within 24 hours of your truck accident, even if you feel alright. This can help document emerging injuries which may take days to show up or be felt. 

The sooner you get to a doctor after an accident, the better. This helps shoot down insurance company claims that you are exaggerating, just out for money, or pinning pre-existing injuries on the accident. 

Attorney Fred Medina is a hard-working personal injury attorney serving Texas. For 20 years, he’s helped clients just like you better understand their rights after an accident with a commercial vehicle and fight for the damages they’re due.

In need of representation and help following a commercial truck accident?
Reach out to The Law Office Of Fred A Medina PLLC at (979) 300-6771 for an initial consultation today.

What Legal Responsibilities Do Texas-Based Trucking Companies Have To Prevent Accidents?

Trucking companies are required to comply with a wide range of federal and state regulations. They must adhere to the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA) as well as any specific state regulations. 

Liability Insurance

One of the key requirements is maintaining proper insurance coverage; they must have a minimum level of liability insurance at all times.

Driver Qualifications & Compliance

Trucking companies must ensure that their drivers meet all necessary qualifications, including holding a valid Commercial Driver’s License (CDL) and fulfilling all medical requirements. Drivers must also comply with hours-of-service regulations, which limit the number of hours they can be on the road without rest. 

Vehicle Maintenance & Safety

Companies must keep detailed vehicle maintenance logs, which can be crucial in determining whether a mechanical failure was due to negligence. If a company fails to produce these logs, it raises serious questions about what they might be trying to hide.

Driver Training & Monitoring

It is not enough to just comply with the basics of state regulations; trucking companies should have comprehensive training manuals and procedures in place. 

This includes regular monitoring of driving performance, reviewing driving records, and conducting mandatory drug and alcohol testing to ensure that drivers are not operating vehicles under the influence.

Securing Cargo & Obtaining Permits

Whether a truck is hauling cars, wood, or metal, improperly secured cargo can lead to catastrophic accidents if items fall off the truck and hit other vehicles on the road. 

Companies must ensure that their cargo is properly secured and, if they are carrying oversized loads, that they have obtained the necessary permits.

Record Keeping & Documentation

Finally, trucking companies are tasked with keeping accurate records. This includes maintaining logbooks, maintenance records, and other crucial documents. 

These records are vital, not just for compliance but for the safety of the general public. After all, these companies are responsible for the operation of massive vehicles that share the road with families commuting to work and school. It is only fair that they are held to a higher standard given the potential risks involved.

Years Of Experience At Your Service

I have been practicing law since 2005, and one of the most important lessons I have learned from handling personal injury cases is the necessity of acting swiftly and meticulously while following all the proper procedures. Personal injury claims require immediate attention and careful handling to ensure the best possible outcome for the injured party.

One of the most challenging situations I encounter is when clients come to me weeks or even months after an injury, expressing ongoing pain—whether it’s back pain, an ankle injury, or something else. Unfortunately, when too much time has passed, it becomes increasingly difficult to build a strong case. 

I hate having to tell someone that there is little I can do for them because the window of opportunity has closed. It is not that there is no hope, but the hill becomes much steeper to climb, and the risks involved in pursuing the case on a contingency basis become too great.

This experience has taught me the critical importance of timely legal representation in personal injury cases. With prompt and proper legal guidance, I can help protect your rights and ensure that trucking companies or insurance adjusters do not take advantage of you as an accident victim. Too often, these companies may try to convince you that they are on your side, only to push for a settlement that falls far short of what you deserve for your injuries.

In some cases, particularly with certain insurance companies, going to court is inevitable. They simply refuse to settle fairly outside of litigation. This is where having experienced legal representation becomes crucial to ensuring you receive the justice and compensation you are entitled to.

Still Have Questions? Want To Learn More? 

For more information on Commercial Vehicle Accidents In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (979) 300-6771 today.