Truck accidents, including those involving Amazon delivery trucks, are disproportionately likely to lead to severe or catastrophic injuries. The trucking companies that operate in Texas have a legal responsibility to protect public safety. If they cause a crash through their negligence, they can be held liable for the full extent of the resulting damages.
To maximize your recovery in a truck accident claim, you need strong evidence that proves the trucker and/or trucking company’s liability. Here, our Houston truck accident attorney provides an in-depth guide to the evidence that you can use to prove fault in a truck accident claim.
Background: Texas is an At-Fault, Proportionate Liability State
As a starting point, it is important to understand how truck accident liability works in the State of Texas. Texas is a fault-based motor vehicle accident jurisdiction. The party that is responsible for causing a crash through negligence or otherwise improper actions/inactions can be held legally liable for the damages.
Further, under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), liability for damages is distributed proportionally. This means that the precise level of fault matters. A truck company found to be liable for 100% of a crash can be held responsible for all of the damages. However, a truck company found to be liable for 75% of an accident, may only be liable for 75% of the damages.
What Types of Evidence Do You Need to Prove Fault in a Texas Truck Accident Claim?
Large commercial truck companies (and their insurance providers) are primarily interested in protecting their profits. After a truck accident in Texas, they want to resolve the case for the lowest amount possible. These parties waste no time building their defense strategy. It is crucial that victims have access to the evidence that they need to prove what really happened. Relevant evidence may include:
- Photographs of the vehicle damage
- Photographs of the crash scene;
- Your personal testimony;
- An eyewitness statement;
- The police report;
- Cell phone records;
- Truck company inspection records;
- Black box recording data; and
- Testimony from an expert witness.
All large truck accidents in Harris County require a thorough investigation. An experienced attorney will help you take proactive measures to secure all relevant evidence—including the evidence that is held directly by the truck company or its insurers. An attorney can then assemble the evidence to make a strong, compelling case that proves that the trucking company’s negligence contributed to the accident.
How to Collect and Preserve Evidence After a Truck Accident
After a truck accident, it’s crucial to act quickly and strategically to collect and preserve evidence that can strengthen your case. The actions you take immediately following the crash can have a significant impact on the outcome of your claim. Here’s how you can ensure that key evidence is preserved:
- Act Quickly at the Scene: As soon as you’re able to do so safely, gather as much information as possible. Take note of the accident details, including the time, location, and conditions at the time of the crash. The sooner you collect evidence, the more reliable and relevant it will be.
- Avoid Altering the Scene: While it’s important to gather information, it’s also essential not to disturb or alter the scene in any way. Leave the vehicles in place and avoid moving any debris unless it’s necessary for safety or medical reasons. Preserving the scene as close to the moment of impact as possible can help investigators later analyze what happened.
- Involve the Authorities: Always contact law enforcement after a truck accident. A police report provides an official record of the accident and may include critical details such as traffic violations or signs of negligence. This report can also serve as a starting point for your legal claim.
- Document Everything: Keep detailed notes of everything that happens in the days and weeks following the accident. This includes interactions with the truck company, their insurer, witnesses, and medical providers. Documentation helps build a timeline that can be vital for proving liability.
- Preserve Your Health and Medical Information: Prompt medical attention is vital not only for your health but also for documenting your injuries. Seek treatment immediately and follow all doctor recommendations. Having a complete record of your injuries is essential for calculating your damages later.
- Work with an Experienced Lawyer: Navigating the legal complexities of a truck accident claim can be overwhelming. An experienced attorney can guide you through the process of collecting and preserving evidence and ensure that all necessary steps are taken to support your claim. Legal professionals can also help secure evidence that might otherwise be difficult to obtain, such as maintenance records or black box data.
By acting quickly, staying organized, and working with a knowledgeable attorney, you can preserve the crucial evidence needed to build a strong case and ensure that your rights are protected throughout the claims process.
What to Do If the Truck Company or Insurer Won’t Release Evidence
After a truck accident, the truck company or its insurer may try to avoid releasing evidence that could hurt their defense. This is a common tactic, but there are steps you can take to ensure you get access to the information you need.
- Request Evidence Immediately: As soon as you are able, request all relevant evidence from the truck company or insurer. This includes maintenance records, driver logs, black box data, and any incident reports they may have. Be specific about what you are requesting and keep a record of all communications.
- Send a Formal Demand Letter: If the truck company or insurer refuses to release evidence, you may need to send a formal demand letter. This letter should clearly outline the evidence you are requesting and why it’s critical for your case. Be firm but polite in your request.
- Preserve Evidence Through Legal Means: If the company continues to withhold evidence, your attorney can help you secure it through legal means. This may involve sending a subpoena, which legally compels the truck company to produce certain documents or records. A subpoena is a powerful tool in obtaining evidence that would otherwise be difficult to access.
- Take Action to Protect Your Rights: If the truck company is attempting to hide or destroy evidence, it may be engaging in spoliation of evidence, which is illegal. If you suspect that evidence is being withheld or destroyed, your lawyer can file a motion with the court to compel the production of that evidence. In some cases, a court may impose sanctions on the truck company for its failure to comply.
- Contact an Experienced Truck Accident Lawyer: Navigating these challenges on your own can be difficult, especially when dealing with large trucking companies and their powerful insurers. An experienced truck accident lawyer can take the necessary steps to force the release of evidence and ensure your rights are protected. They have the legal expertise and resources to handle the complexities of trucking accident cases, including fighting for critical evidence.
Truck companies and their insurers have vast resources at their disposal, but you don’t have to face them alone. By working with a skilled attorney, you can level the playing field and ensure that all necessary evidence is preserved and made available for your case. Don’t let the trucking company or its insurer hide the truth—take action to protect your claim and your rights.
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Schedule a 100% Free Consultation With a Truck Accident Lawyer in Houston
At the Kolodny Law Firm, our team of the best Houston truck accident lawyers is a relentless advocate for injured victims and their families. If you have any specific questions about preparing the evidence to prove fault in an eighteen-wheeler accident claim, we are more than ready to help.
Call us now or use our online contact form to set up your free consultation. With a law office in Houston, we handle truck accident claims in Harris County and throughout Southeast Texas.
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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