Truck accidents 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 truck company’s liability. Here, our Houston trucking accident attorney provides an in depth guide to the evidence that you can use to prove fault in a tractor trailer 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.
Comprehensive Evidence is Key to Proving Fault in a Texas Truck Accident Claims
Large commercial truck companies (and their insurance providers) are primarily interested in protecting their profits. After a crash, 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 Brazoria 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 truck company’s negligence contributed to the accident.
Schedule a 100% Free Consultation With a Truck Accident Lawyer in Houston
At the Kolodny Law Firm, our Houston truck accident lawyer 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.
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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