How Can You Prove Liability After a Commercial Truck Crash in Texas?May 12, 2021
Truck accidents have the potential for serious and fatal consequences, especially when it involves a commercial truck. After a truck accident in Texas, it is important to establish liability to successfully obtain financial compensation for any injuries that were sustained or medical bills related to the collision. Taking specific measures to ensure that you have the necessary information to pursue a case is an important step after being involved in an accident with a commercial truck in Texas.
These measures will help you begin the process of gathering proof to hold the responsible party liable for your injuries or any damage that was sustained during the crash with a commercial truck. Once you have gathered evidence, an experienced truck accident attorney can help you pursue a case should you choose to do so.
Obtaining Evidence After a Commercial Truck Accident
After being involved in a collision, it is important to gather evidence from the scene of the accident. This practice is especially necessary after crashes that involve commercial trucks. Taking photographs and videos of the damage done to drivers, passengers, and both vehicles is standard practice, but you should also record evidence of the surrounding area. This can include debris on the street, pieces from both vehicles that may have come off during the collision, and any tire marks or skid marks on the road.
It is important to obtain witness statements and testimony after a commercial truck accident to strengthen the validity of your liability claim in court. If there are individuals on the scene, you can write down or record their observations and statements regarding the collision on video.
There are some steps to gathering evidence and information that can only be completed with the help of an experienced truck accident attorney. They may be able to obtain security or surveillance camera footage from the scene of the collision recorded on nearby traffic cameras. They can also work with investigators on your behalf to assess the scene and obtain any relevant information that can be used to prove liability.
Determining Fault in a Texas Commercial Truck Crash
If you choose to pursue a case after you have been involved in a serious commercial truck accident on the road in Texas, you will need to establish a theory of liability. This means that you will need to gather enough evidence, with the help of your attorney, to determine who was legally at fault. There are different grounds for liability after a commercial truck accident that takes place in Texas, including but not limited to the following:
- Distracted driving
- Using a phone
- Talking over CB radio
- Checking email
- Using social media
- Failure to uphold commercial trucking safety regulations
- Exceeding the number of hours that truck drivers can spend behind the wheel
- Reckless driving
- Going over or under the speed limit
- Merging without signaling
- Failure to adhere to regular truck maintenance
- Defective vehicle parts
- Oversized cargo
- Unsecured cargo
There are a variety of reasons that a commercial truck may be liable for an accident, including the truck driver’s actions while they were operating their vehicle. However, trucking companies are responsible for the actions of their drivers, so you should ensure that your attorney is experienced in communicating with trucking companies and their insurance companies.