Frequently Asked Questions About Trucking Accidents In Texas
If you or someone you love is involved in a truck accident, the recovery process can become costly, and seeking experienced legal representation in your fight against the truck driver or trucking company responsible becomes a necessity.
In an effort to clear out the confusion, the McAllen car accident attorneys of J. Gonzalez injury Attorneys have compiled a list of the most common questions asked regarding the aftermath of such traumatic events.
Q: How do truck accidents happen?
A. Truck accidents can occur for a variety of different reasons; however, some of the most notable factors that can cause truck accidents include:
- Vehicle rollovers
- Wrong turns and/or awkward maneuvers
- Driver fatigue/exhaustion
- Dangerous road conditions
- Severe weather
- Excessive speeding
- Distracted driving (e.g. cellphone use, eating, drinking)
- Driving under the influence of alcohol and/or drugs
- Vehicle malfunctions/Company negligence
Q: What injuries can truck accidents cause?
In general, large trucks often weigh 80,000 pounds, which is much more when compared to a passenger vehicle that weighs around 5,000. Because of this, truck accidents can cause serious harm and injury, if not death. Some of these injuries include:
- Broken bones
- Neck and back injuries
- Spinal cord injuries
Traumatic brain injuries (TBI)
Q: How many truck accidents happen annually?
A. As per data compiled by policyadvice.net, it is estimated that truck accidents kill or injure a victim every 15 minutes in the United States, which tallies up to an estimated 500 thousand recorded accidents and 5,000 fatalities per year.
Q: How Is fault determined in these types of accidents?
A. Determining fault in a truck accident is done through extensive investigation by an experienced truck accident attorney. Collecting any and all evidence and documentation possible at the time of the accident can help you prove that the truck driver or company was negligent and responsible for the accident and your injuries.
It is also imperative to investigate how the truck driver was hired and trained, the number of hours they spent working, and the overall condition of the vehicle all prior to the accident occurring.
Once this has all been collected, a strong case can be made.
Q: What evidence is needed for my truck accident case?
To create a strong claim, you will need:
- Truck driver’s inspection report, both pre-trip and post-trip
- Insurance policies
- Maintenance records
- Truck driver’s call-in logs
- Any trip-monitoring documentation
- Emails, text messages, or other correspondence between the truck driver and his company
- Truck driver’s phone records
- Bills of lading
- Black box data
Q: How do I preserve evidence after a truck accident?
The following steps can help you preserve evidence that you’ll need for your claim:
- Have your attorney send out a spoliation letter as soon as possible.
- Submit a temporary restraining order so that the trucking company cannot destroy evidence.
- Review the scene of the accident with your attorney.
- Have your lawyer hire an accident reconstruction specialist/reach out to medical experts to get a better understanding of your accident/injury.
- Interview witnesses and gather their contact information right after the truck accident.
Q: Do I have a personal injury case against the truck company or the driver?
When a truck accident occurs, both the truck driver and the trucking company may be held liable based upon further review and investigation of the specific factors that caused the accident.
However, it is possible that a trucking company may be able to avoid such a lawsuit if the truck driver happens to be an independent contractor. If so, the liability would fully fall under the truck driver. If the driver is, in fact, employed under a company, both parties may be found liable for the incident.
In order to fully determine which parties are considered liable for the accident, hiring an experienced truck accident attorney like those of J. Gonzalez Injury Attorneys can help you determine who exactly can be held responsible for your injuries, as well as your pain and suffering.
Q: Who can help me file a claim and represent me in civil court?
When a victim is involved in a catastrophic truck accident as a result of a negligent truck driver or company, consulting with the McAllen truck accident attorneys of J. Gonzalez Injury Attorneys is a good start to financial, physical, and emotional recovery.
Our attorneys will evaluate every detail and factor that led up to your truck accident and will help you fight for the compensation you are entitled to. It is vital to seek legal assistance as soon as you possibly can as the Texas statute of limitations will only give you a two-year window to file a claim.