Truck crashes happen often in Texas, causing serious injuries and sometimes deaths on roads and highways. After a truck accident, it is important to investigate the cause and ensure accountability for any harm caused. This involves determining the factors that led to the accident and holding those responsible accountable for their actions. It is crucial to gather evidence and information to understand the circumstances surrounding the accident. This process helps to determine liability and prevent similar accidents from happening in the future. The best Houston truck accident lawyers know there are many causes of trucking accidents, including driver error.
Why is Truck Accident Investigation Important?
Truck accidents can have devastating consequences for the individuals involved, the trucking company, and other parties. A thorough investigation can determine the cause of the accident. This includes examining factors such as driver errors, vehicle issues, and road conditions. Identifying these factors can help understand why the accident occurred.
Texas truck accident lawyers can use crash details to sue and prove driver and company responsibility.
Our award-winning Houston truck accident lawyers in Harris County, TX, have been helping injured Texans win maximum compensation for over three decades. Hiring our truck accident attorney early increases the chances of getting more compensation for your accident.
Gathering Evidence
The first step in any truck accident investigation is to gather evidence. Getting evidence includes collecting information from the accident scene, such as photographs, witness statements, and police reports.
It is important to gather electronic data from the truck in addition to physical evidence. This includes information from the black box and electronic logging device. These electronic sources can provide valuable information for the investigation. Gathering this data is crucial for understanding what happened. This data can provide valuable insights into the truck’s speed, braking, and other important factors leading to the accident.
Analyzing the Evidence
After collecting all evidence, it’s crucial to analyze it to find out what caused the accident. Analysis may involve reconstructing the accident using physical evidence and electronic data. Check the driver’s logbook and other documents for any violations or negligence. This will help determine if the driver or trucking company has committed any infractions. It is important to review these documents thoroughly to ensure compliance with regulations.
Identifying Contributing Factors
In addition to determining the immediate cause of the accident, it is also important to identify any contributing factors. Factors may include driver fatigue, vehicle maintenance issues, or inadequate training. These truck crash causation factors can prove negligence in a truck accident lawsuit for damages.
Read More: Determining Liability of Multiple Parties in a Truck Accident
Key Factors to Consider in a Truck Accident Investigation in Texas
Driver Error
Driver error is one of the leading causes of truck accidents. Driver errors can include speeding, distracted driving, or driving under the influence of alcohol. It is important to check the driver’s logbook and electronic data. This will help determine if they followed safety rules and if any violations led to the accident.
Vehicle Maintenance
Trucks are complex vehicles that require regular maintenance to ensure they are safe to operate on the roads. If a truck is not properly maintained, it can lead to mechanical failures that cause accidents. Examine the truck’s maintenance records. Inspect the truck carefully. Look for any maintenance issues that may have led to the accident.
Road Conditions
Poor road conditions like potholes, construction zones, or inclement weather can also contribute to truck accidents. Check the road conditions during the accident to see if any hazards could have caused it.
Driver Training and Experience
Truck drivers must undergo extensive training and have a certain level of experience before operating a commercial vehicle. The truck company needs to check if the driver had the right training and experience to drive the truck when the accident happened.
Company Policies and Procedures
Trucking companies are responsible for ensuring their drivers follow all safety regulations and have proper training and experience. Review the company’s rules to see if they caused the accident.
Real-World Examples of Truck Accident Investigations in Texas
The lawyers at Baumgartner Law Firm investigated a major truck accident. The driver crashed into a farm tractor at high speeds on the highway. The trucking company said they were not at fault for the crash. They blamed the farmer for not using flashers and driving on the highway.
We filed a lawsuit and got the driver’s cell phone records. We found out the driver was cheating on his log books and driving more hours than allowed. The case settled soon after for a substantial amount.
We were challenged in a truck accident investigation when a driver blamed the victim for the accident. The police crash report did not conclude fault, given the conflicting stories of the trucker and our client.
We investigated the accident thoroughly by downloading data and talking to witnesses. We found that the truck driver’s story about the accident was not true. Shortly after the truck driver’s deposition, the case was settled for our full demand.
We helped a family in Houston after a serious truck accident. We gathered crucial evidence right after the crash happened. The information we recovered in our investigation helped us win a multi-million-dollar settlement for our clients. That settlement was the highest ever paid by the trucking company. Even then, the defense attorneys had a head start in that they were at the crash scene before the vehicles had even been moved.
Early investigation matters and can make a difference in a truck accident lawsuit. Get an experienced attorney for your trucking case.
Who Conducts Truck Accident Investigations?
Truck accident investigations are typically conducted by experts, including accident reconstruction specialists, trucking industry experts, and experienced personal injury lawyers. These individuals work together to gather evidence, analyze data, and determine the cause of the accident.
Police Crash Reports Don’t Always Tell the Whole Story
After a severe commercial vehicle crash, the local authorities will investigate the accident. Don’t assume that the authorities will protect your rights if you or a loved one were hurt in an accident.
A police report may not be final for a crash victim, as officers may not have all the information when they write it.
The Cause of the Collision May Vary From Officer’s Opinions
Our investigations of truck accidents provide more details than a standard Houston car crash report.
The officer’s opinions on the cause of the crash are only part of the story. Further, those opinions may not necessarily be admissible in a personal injury or wrongful death lawsuit. If the officer blames the truck driver for the crash, it doesn’t mean that liability won’t be disputed. It also doesn’t mean that a Texas jury won’t hear different opinions.
Additionally, the officers may not know critical evidence about the truck driver and trucking company during their investigation. Often, it is our investigation that uncovers serious rule violations. Those violations can prove a trucking company’s fault in a personal injury lawsuit. Rule violations can be the trucking company’s actions, the truck driver’s, or both.
Federal Safety Violations Must be Related to the Cause of the Crash to Help Your Case in Texas
There can be many causes of truck accidents. Often, several factors play a part in why a wreck occurs. For example, drivers may be fatigued because they are driving longer than permitted.
A serious and thorough investigation can reveal facts that otherwise will not come to life.
New Texas Law Makes Proving Fault Harder
Texas has new laws that limit the use of a trucking company’s safety violations in lawsuits for damages. These laws restrict the amount of safety violations that can be considered in a lawsuit. The purpose of these laws is to protect trucking companies from excessive liability in lawsuits. The laws aim to balance the interests of both trucking companies and individuals seeking damages. See Chapter 72, Tex. Civ. Prac. & Remedies Code §§ 72.051-72.055.
The victim of a truck crash must prove the cause before a jury can hear about safety violations by the company, according to the new law.
Contact Baumgartner Law Firm for help with your truck accident claim.
The Importance of Preserving Vital Evidence
If you are not seriously injured and it is clear who is to blame, it is important to keep important evidence for your case. This may not be difficult to do. If you lost a family member or have serious injuries with high medical expenses, it’s important to gather and protect key evidence to support your case.
Hiring experienced truck accident attorney Greg Baumgartner is the best way to get the needed proof.
In Texas, you must act quickly due to the statute of limitations. Starting the investigation early can help file a lawsuit faster.
Read More: Why are Settlements Larger for Truck Crashes?
What Information Is Needed When Investigating a Truck Crash?
The list of critical evidence for your case depends a lot on how the crash happened and why. An investigation can uncover many facts that the investigating officers usually do not know when determining the cause of the truck accident. However, the analysis should be tailored to the facts of your accident.
For instance, if the truck driver rear-ended you, facts like the condition of the brakes, the hours the driver was on duty, and the event data recorder would be significant. But things like the load being improperly attached may not be relevant. Likewise, if the truck driver never touched the brakes, it doesn’t matter if the brakes were bad.
Here is a list of evidence that can be obtained to help win a truck accident lawsuit:
- The Event Data Recorder (EDR) information.
- Inspection of the tractor-trailer for regulation violations
- Witness statements
- The cell phone records of the truck driver
- Background check on the driver
- Background check on the motor carrier
- Scene documentation
- Driver’s logbooks
- Load documents
- All documents from each investigating authority
- Recent shipping and delivery receipts
- Drivers Qualification File (DQF)
- Driver medical file (with blood tests)
What an experienced Houston 18-wheeler truck accident attorney wants to get will depend on the facts of your crash. Hiring a top truck accident lawyer early increases your chances of winning full damages in a lawsuit after a truck accident.
Read More: What Does a Truck Accident Lawyer Do?
Event Data Recorder or Black Boxes
Event data recorders (EDR) are called “black boxes.” The EDR is a computer that records information critical to proving fault in many collisions. The EDR will record:
- Speed just before the crash
- Braking activity
- Hours of operation
- Evasive maneuvers just before the impact
It is important to collect computer data before fixing the big rig to support truck injury claims.
The most significant benefit of getting the EDR data is that the data contains many facts about what happened. The experts hired to defend the company will struggle to ignore the EDR data that shows the accident was not their fault.
The black box data should be prioritized in every severe injury or fatal truck accident case.
Why Inspect the Big Rig After an Accident?
An inspection of the rig should be part of the investigation of any serious injury accident. Trucking companies are required to keep their fleet in proper operating conditions to avoid accidents. The law requires specific actions when a big truck’s safety deficiencies are noted.
Investigation can reveal both violations of the law and conditions of the tractor or trailer that may have contributed to the cause of the crash. Typically, truck accident law firms use expert witnesses to examine tractor-trailers.
Common out-of-service violations can be discovered during an inspection of the big rig.
What is a Driver Qualification File (DQF)?
Trucking companies are called “Motor Carriers” for regulating truckers and their employers. Motor Carriers are required to register to get operating authority under federal and state laws. The law makes the trucking company process and retain certain records. One of the most detailed records required to be created deals with their truck drivers.
Those records are called the Driver Qualification File. Even if the driver is a one-person company, they must have a DQF on themselves. The file must contain facts about the driver and his fitness to be a professional semi-truck driver.
What is in a DQF?
There are eight categories of information required in a DQF. Most deal with an employed driver’s background. The trucking company must have the DQF readily available to authorities checking a driver. The DQF intends to ensure the trucking company has researched and qualified the driver to the minimum level of safety required by law.
- Application of employment. The application identifies the company and the driver. It outlines the type of operation, the experience of the driver, and how they will be used. The application must state the type of vehicle the applicant intends to drive. Both the driver and Motor Carrier must certify that the driver is legally qualified to drive. Here are the contents of a Driver Qualification File:
- Motor vehicle record. The driving record for each state is that the driver held a CDL for the previous twelve months.
- Three years of previous driving records. The trucking company must investigate and document the driving history for at least three years.
- Company reviews of driving records. The driving record of each driver for the trucking company must be reviewed annually by the company. All violations of any regulation must be disclosed and recorded. Things related to safety, such as traffic tickets, must be part of the documentation.
- Record of violations. Each driver must certify all traffic infractions for the past year.
- A copy of the CDL.
- Medical Examiners Certificate. A DOT physical exam has to be conducted by an authorized medical examiner. Certificates are generally twenty-four months but can be shorter if any medical conditions require monitoring for safe driving.
DQF is a starting point for a Houston truck accident attorney regarding safety practices and compliance with the law after a severe injury crash. Finding out if the trucking company was negligent takes an expert attorney.
Why are Witness Accounts so Valuable?
The number of cases where the story of the truck driver changes after a defense attorney gets involved is shocking. Most trucking companies have policies instructing drivers to call the office immediately after a crash. Some motor carriers even have accident cards indicating that the driver should never admit responsibility for the accident.
An independent witness is invaluable in determining what happened in the accident. The truck driver may change their story and try to protect himself from civil liability. At the same time, most factual accounts can indeed vary. But there is a difference between varied perceptions and defensive testimony.
Texas juries tend to evaluate testimony based on credibility and motivation. An independent witness who does not know either party is usually believed. That is why the best attorneys handling truck accident cases always seek witnesses to the collision.
How Can Cell Phone Records Help Your Case?
If the truck driver was on the phone at the time of the collision, he may have violated the regulations regarding cell phone use. Truck drivers may lie about using cell phones, but getting their phone records can prove if they were using one.
Cell phone records can also document the truck driver’s location at various times. In a recent case we won, we discovered that the truck driver had lied on his logbooks. We did this by comparing his location with his cell phone records. Cell phones used by truck drivers can be more than talking on the phone. It can be checking messages or even surfing the Internet while driving.
We have found blind spot truck accidents that occurred when the driver was looking at their phones and not their mirrors.
One of the things to do after a truck accident is to get your investigation started immediately.
The Houston Truck Accident Attorneys at Baumgartner Law Firm Also Handle
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Our firm has been focusing on serious personal injury and wrongful death cases since 1985. We have achieved outstanding results in these areas.
- Auto & Car Accidents
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Truck & 18-Wheeler Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
- Personal Injury Lawyer in Houston
Our founder attorney, Greg Baumgartner, has over 35 years of experience and has been peer-reviewed preeminent for decades.
Contact Baumgartner Law Firm in Houston for Help with an 18-wheeler Accident Near me
An investigation after a severe injury accident should be started as early as possible. The evidence developed can impact the timing and amount of a settlement.
When trucking companies or truck drivers are shown to have knowingly violated safety rules, Texas juries take notice.
Truck accidents are serious and need a thorough investigation to find the cause and prevent future accidents. Truck accident investigations use evidence to find out what caused the crash and review company rules. This helps make roads safer and protect everyone involved.
If you or someone you know was in a truck accident, it’s important to hire a lawyer. Don’t hesitate to seek help if you’ve been involved in a truck accident. Contact a truck accident lawyer at Baumgartner Law Firm today to discuss your case and learn more about your legal options.
Baumgartner Law Firm has helped Texas families after severe truck accidents for over thirty-five years and has never lost a truck accident case.
Let our next victory be yours.
Fill out a case consultation form or call us at (281) 587-1111.
No Charge For Accident Consultations!
6711 Cypress Creek Pkwy, Houston, TX, 77069
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