Question

What Makes A Truck Accident More Complicated In Texas?

Joshua A. Fogelman

Answered by:
Joshua A. Fogelman

Located in Austin, TX
FVF Law

Joshua A. Fogelman - Personal Injury - General - Super Lawyers

Answered by: Joshua A. Fogelman

FVF Law
Austin, TX
Phone: 512-982-9328
Fax: 512-375-3209

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Answer

There are a couple factors that make trucking accidents more complicated than other car accidents. First, because 18 wheelers and commercial trucks are significantly larger than cars, the amount of force involved in these collisions often leads to more serious injuries; the more serious the injuries, the more difficult it can be to recover sufficient compensation from a personal injury claim or lawsuit in Texas. So, identifying the full effects of a trucking accident injury is extremely important.

Second, proving liability, or responsibility for paying for the injuries, can be complex in trucking and commercial accident cases. There are several different parties who may ultimately be held responsible for a trucking accident. Failing to properly identify and include the proper parties in a lawsuit, if one becomes necessary, could limit the claimant’s ability to recover full compensation for their injuries. As a result, determining liability and the underlying causes of the collision is critical to a trucking or commercial accident injury claim.

Identifying the Full Effects of a Truck Accident

To recover damages in a trucking accident case, the claimant is responsible for gathering the evidence to prove the complete short- and long-tern effects of their injuries.  The more impactful the injury is to the claimant’s quality of life, financial and otherwise), the more difficult it can be to collect and present the appropriate proof, such as future lost earnings, medical costs, pain, and physical impairment. Attorneys must be willing to invest the appropriate time and resources to prove the case and secure the best outcome for the client(s).

Determining Liability and the Underlying Causes of the Collision

In addition to proving the short- and long-term losses that the claimant has sustained and will sustain in the future, the claimant must also prove who was at fault for causing the accident.  In other car accidents, liability usually rests with one or more of the drivers involved in the collision. With truck accidents, though, there are multiple parties who may be responsible for the accident.  Potential responsible parties include:

  • Truck drivers
  • Trucking companies
  • Individuals responsible for maintaining the vehicle
  • Cargo companies who loaded the vehicle
  • Manufacturers of trucks and truck parts

Investigating who is responsible for causing a trucking accident should begin immediately, since important evidence needs to be preserved, gathered, and analyzed. This is why it is a good idea to contact a lawyer as soon after the accident as possible. Common evidence of trucking accidents that should be preserved and evaluated include driver logs, maintenance records, and “black boxes” that record important information about the circumstances surrounding the crash. This information can help the claimant learn what happened, and help the lawyer assess whether there might be any reckless conduct that could allow pursuit of punitive damages (money for payment of a civil penalty) through a gross negligence claim.

The factors leading to a truck accident are unique in each case. A lawyer with experience resolving truck accident cases can help ensure your injuries are fully documented, your case moves forward efficiently and effectively, and that the liable parties are held accountable for their conduct.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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