How to Determine Fault Following a Truck Accident
Truck Accident Attorneys Explain How 18 Wheeler Crashes Are Investigated
In the wake of a truck accident, victims are left with the tall task of working against trucking companies and their insurance carriers. The trucking industry is big business, and the companies that insure truck drivers will not hesitate to take full advantage if they recognize an opportunity to discredit you and your case. This could mean, for example, taking a statement from you while you are in your hospital bed on heavy medication or attempting to hide the fact that the trucker involved in your wreck was driving while fatigued due to hours of service rules violations.
For years, the truck accident attorneys at Mike Love & Associates, LLC have helped truck crash victims in Texas hold the negligent truckers and trucking companies responsible for their pain and suffering accountable.
Founding partner Mike Love owned a trucking business earlier in his career. His trucking company was based out of Angelina County and specialized in hauling heavy loads. During his time in the trucking industry, Mike never allowed his company to employ dangerous practices to make a profit. However, Mike did witness how others within the trucking industry cross the line to turn a profit. Therefore, Mike can succeed where other trucking attorneys have failed, because he knows exactly where the smoking guns are hidden when it comes to truck accidents.
What Happens After a Truck Crash?
Immediately after a truck accident, the trucking company and its insurer will have representatives on the scene. Their job is to gather evidence to help them argue that the trucker was not at fault for the wreck and/or begin building a case against truck accident victims to limit the amount of compensation they could receive as a result of the crash. In some cases, trucking and insurance company representatives will begin discrediting truck accident victims while victims are still recuperating in the hospital.
Proving Fault Following a Truck Accident
Time is of the essence to prove fault after a truck accident. In many cases, there can be several variables that could have led to the crash, including:
- Failing to drive properly for bad weather or road conditions
- Driver fatigue
- Defective tires or brakes
- Driver intoxication
- Distracted driving
- Speeding around sharp curves leading to truck rollovers
- Poorly maintained vehicle and/or lack of proper inspections
- Making an improper wide right turn
- Improperly trained or unlicensed truck drivers
The best way to prove fault following a truck accident is to begin investigating the incident as soon as possible. Gathering and preserving evidence before it is lost, concealed or destroyed is crucial. Examples of truck accident evidence includes:
- Electronic Control Module (ECM) or Black Box, which stores data from truck’s computer
- Truck driver logbooks, which could prove hours of service rules violations led to a driver fatigue
- Defective brakes or tires
- Skid marks at the accident scene
- Cell phone records for usage record and texting while driving evidence
- Blood alcohol level and drug tests at the time of the incident if intoxication is suspected
- 18 wheeler inspection and maintenance records
- Driver employment and accident history
Experienced Truck Accident Attorneys for Injury Victims and Families in Texas
As soon as you retain our law firm, we will go to work examining the accident scene, interviewing witnesses, speaking to the insurance companies on your behalf and preserving evidence for your case, including retrieving the black box from the truck’s computer, driver’s log, maintenance records and other crucial information. In addition, we have access to technical experts and accident reconstruction specialists who can help prove your case.
To learn more about how our Texas truck accident attorneys can help if you or someone you love was the victim of a wreck, visit our FAQ page. If you would like to discuss your situation with us, fill out our online contact form or call us directly to set up a free consultation with an experienced 18 wheeler accident lawyer.