When you are involved in a truck accident, we believe it is imperative that you reach out to a personal injury lawyer as soon as you possibly can. While you may not understand why this is so important, we have seen situations time and time again that prove this tactic works. When you do not contact an accident attorney right after your accident, you can bet that the outcome you wanted from the case will not come to fruition. Every minute that passes without you having reliable and trustworthy representation is another minute that the person who caused the accident has to prepare a defense. Continue reading below to learn more about what happens when a truck accident occurs in the state of Texas.
The scene of the crash is probably the most important evidence when it comes to a truck accident. Not only can the scene give a much clearer idea of what happened after the accident occurred, but it can also provide an explanation as to why the incident occurred in the first place. This is why you will see that insurance companies send experts and adjusters to the scene very quickly after the accident takes place.Your legal team should also be on the scene if you are hoping for the best outcome.
When at the scene, you should try to get as much documented as possible. This means taking photographs of the vehicles, any tire marks that may be on the road or any road conditions that may have caused or been caused by the collision. Getting this evidence as soon as possible is important as the accident will begin to be cleared from the road fairly quickly after the police arrive, especially if it is causing traffic.
If your legal team is able to show up to the scene of the crash, they will likely do everything they can to get statements from witnesses who saw what happened. On the other hand, if you are not able to get your legal team there, be sure to get the names and contact information of anyone you think may have seen the collision occur. This will make getting their statements possible when your legal team does begin to tackle your case.
There should also be inspections completed on the vehicles as soon after the accident as possible. This will allow for a point of impact to be determined as well as many other details about the crash to be determined. Remember to take photos of the vehicles from all angles as a backup so that if your case goes to court, you can ensure there is evidence to prove fault. You should also try to get photos of the inside of the truck as well. This could mean the difference between being unsure you can win the case and not. If the truck’s interior contains alcohol containers, drugs or any other items that could have interfered with the truck driver’s ability to operate the vehicle properly, your case is as good as won.
The information collected by the electronic data recorder in the truck can show how fast the truck was moving before the incident took place. It can also show if the truck driver pressed on the brakes before the crash as well as other details about the vehicle leading up to the collision. On the other hand, if the truck is driven after the accident, it is possible that this information could be deleted or lost, so obtaining this black box details right after the accident is extremely important.
Your legal team can absolutely request a copy of the phone records of the truck driver after the accident. However, the chances of you receiving them this way is unlikely. The most common method of gaining these records is to obtain them through a subpoena from the truck driver’s cell phone provider. These documents can show whether the driver was on the phone or texting prior to the accident occurring.
It is likely that the truck driver will have to have a drug and alcohol test right after the accident. Police officers will take care of these procedures when they first arrive at the scene of the crash. If the driver of the truck has a blood alcohol concentration of 0.04 or higher, then they are exceeding what the legal limit is in Texas.
Logbooks are kept by trucking companies so that there is a record of how long a trucker is on the road as well as whether or not they have surpasses the limit on truck driver’s hours. Additionally, these logs can give you a better idea of the last time any inspections, maintenance or repairs have been conducted on the truck prior to the crash.
These records will show when any cargo that the truck was carrying was picked up or dropped off. This gives your legal team a better idea of where the driver was and when. This is simply another way to uncover just how long a truck driver has been on the road and whether or not that contributed to the accident occurring.
The trucking company should be able to provide information about the history of the truck driver who was involved in the crash. These documents will also show whether or not the company even took the time to complete a background check on the driver and whether they knew if the person behind the wheel was actually qualified to be there.
Obtaining the police report is important because it gives a better idea of what law enforcement saw when they arrived on the scene. You can also find out if any criminal charges were filed against the truck driver at the scene as well as get the insurance information that was collected by the police officers who wrote out the report.
If you have been involved in a truck accident, don’t wait another moment to contact the talented legal experts at Alex Hernandez Trial Law. We will do everything we can to help you get the favorable outcome that you deserve. Call us right now and find the accident attorney you have been searching for since the incident occurred.
921 N. Chaparral Suite 100 Corpus Christi, Texas 78401Phone: 361-792-3811