If you were injured in a truck accident and are seeking compensation for your losses, the facts surrounding the accident will play a significant role in your legal outcome. But facts are not always easy to obtain, and the opposing party will be working hard to find the information and evidence that support their side of the story.
This is why it is so important to have a law firm on your side with the resources to conduct thorough truck accident investigations, and the experience to cut through the competing narratives and distractions.
At D. Miller & Associates, we know how to find the facts that support plaintiffs’ injury claims arising from truck accidents in Houston and throughout Texas. We are here to conduct the thorough investigation you need to achieve the most favorable possible result in your truck accident injury claim.
Why Truck Accident Investigations Are So Important
Any motor vehicle accident requires careful investigation, but crashes involving 18-wheelers and other large commercial trucks demand thorough fact finding.
When a truck collides with another vehicle or pedestrian, the investigation may involve the truck driver, the trucking company, maintenance contractors, cargo loaders, manufacturers, and others whose actions may have contributed to the crash.
In addition, commercial carriers are subject to extensive federal safety regulations, driver log requirements, inspection records, black box data retention, and other forms of technical evidence that can quickly disappear if not preserved.
Because so much evidence can disappear quickly and multiple parties may be involved, a thorough investigation is often essential to uncovering the truth and building a strong truck accident case.
Act Fast—the Trucking Company Is
You may be surprised to learn just how hard and fast trucking companies work to control the narrative after an accident. Every situation is unique, but some trucking company tactics you should be aware of after a truck crash include:
Rapid Response Teams
Trucking companies often dispatch investigators, adjusters, and defense experts to the crash scene within hours to begin gathering evidence that supports their version of events. The goal is to establish a narrative before injured victims have a chance to protect their own interests.
Lawyers Contacting You
Insurance representatives or defense attorneys may contact you shortly after the crash to obtain statements they can later use to limit the value of your claim. If this happens to you, be very careful what you say. Talk to your own attorney first before making any statements that could hurt your case.
Gaining Control Over Evidence
Trucking companies frequently possess key evidence such as black box data, driver logs, onboard communications, inspection reports, and maintenance records, giving them an early advantage unless immediate steps are taken to preserve and obtain that information.
Building a Defense Immediately
While victims are still recovering from their injuries, trucking companies are often already working to challenge the severity of damages and develop defenses designed to reduce financial exposure.
You need to act quickly after a truck accident because the trucking company and its insurers already are. The sooner an experienced truck accident lawyer in Texas can begin investigating the crash and preserving evidence that supports your claim, the better your chances of leveling the playing field and obtaining the compensation you need to move forward with your life.
How Your Attorney Can Make a Difference
No matter how aggressively the trucking company conducts its own truck accident investigation, the story they develop only tells one side of the tale.
You can level the playing field and ensure your side of the story is backed by a thorough, independent investigation conducted by a knowledgeable personal injury lawyer. Your attorney can:
- Move quickly to preserve critical evidence before black box data, driver logs, maintenance records, surveillance footage, and other important information is lost. When necessary, your attorney can issue a spoilation letter, which is a formal written notice that a party must preserve evidence critical to a lawsuit.
- Conduct an independent investigation to uncover all contributing factors and identify every party that may be legally responsible for the accident, including the truck driver, trucking company, maintenance providers, cargo loaders, or vehicle manufacturers.
- Challenge the trucking company’s narrative with evidence, expert analysis, and a strategy designed to protect your rights and pursue the full compensation you may be entitled to recover.
As serious as truck accident injuries can be, you need every advantage to help you build a successful case. By working with a lawyer who knows how to conduct a thorough truck accident investigation, you can gain the advantage you need to prevail in your legal claim.
Key Evidence in a Truck Accident Claim
Evidence can make or break your truck accident injury claim. Attorneys and accident investigators are especially interested in sources of information such as:
- Black box data: Black box data in truck accidents may reveal important information such as vehicle speed, braking activity, steering inputs, and other actions taken in the moments leading up to a crash.
- Electronic logging device (ELD) records: ELD records can help determine whether a truck driver violated hours-of-service regulations, exceeded allowable driving time, or failed to take required rest breaks.
- Driver logs: Driver logs and related records may uncover inconsistencies, fatigue issues, scheduling pressures, or other evidence that points to negligence or regulatory violations.
- Accident scene photos: Photos of skid marks, vehicle damage, and other accident scene evidence can help paint a picture of how an accident occurred.
- Maintenance records: A truck’s maintenance history may reveal lapses in maintenance, brake or steering issues that were not addressed, or other problems that should have kept the vehicle off the road.
- Surveillance footage: Footage from storefront cameras or other surveillance devices can present an external view of an accident that fills gaps from other incomplete sources of evidence.
- Police reports: Police reports may contain officer observations, witness statements, preliminary fault assessments, citations issued after the crash, and other details that can help support a truck accident claim.
By carefully putting the pieces together, an attorney and legal team can seek to build a compelling case that will result in a favorable settlement or, if necessary, win the day in court. We leave no stone unturned in seeking out truck accident evidence and building a claim designed to obtain the full and fair compensation our clients deserve.
The Role of Trucking Violations in Accident Investigations
Violations of state and federal trucking regulations often play a major role in truck accident investigations. Unlike crashes involving ordinary passenger vehicles, commercial trucking accidents frequently involve extensive rules governing:
- Driver conduct
- Vehicle maintenance
- Cargo securement
- Inspection requirements
- Hours of service
Investigators and attorneys will often examine whether a trucking company, driver, or other party violated regulations established by the Federal Motor Carrier Safety Administration (FMCSA) or applicable Texas transportation laws.
These violations can provide important insight into how and why a crash occurred. For example, investigators may uncover evidence that a driver exceeded allowable driving hours or operated a truck while under the influence of alcohol or drugs. Issues like maintenance failures, overloaded cargo, and inadequate driver training may point to negligence within the trucking company itself.
A thorough investigation seeks to identify not only what happened during the crash, but also whether preventable safety violations contributed to the accident. These findings can significantly strengthen an injury claim arising from a truck accident on Texas roads.
Act Fast to Keep Up With the Trucking Company’s Investigation
Timing is critical after a truck accident. Now that you know how hard and fast the trucking company is working to build a case that protects their interests, you can take steps to protect yours.
One of the best things you can do to protect your right to compensation is to contact an experienced Texas truck accident lawyer as soon as possible. When you are ready, we will be here for you. Contact us today to arrange a free consultation with a knowledgeable lawyer who can quickly begin building a strong case on your behalf.
