Posted on Monday, August 13th, 2018 at 11:08 pm
Truck crashes are typically the worst types of accidents on Texas highways. The sheer size of most trucks and the speed they are routinely traveling at when a crash takes place has a severe effect on survival capacity and the likelihood of serious injury. The impact of a serious truck crash on smaller vehicles and their occupants is disproportional to the corresponding impact on the truck and truck driver. It is almost always the occupants of smaller vehicles that suffer far more than the driver of the truck.
In any aftermath of a truck crash, there are going to be questions about the cause of the crash and who or what was responsible. Where negligence is involved, the possibility of the victims of the crash seeking compensation is likely to be high. Compensation is not always easy to obtain as it depends on being able to prove that the injured parties were victims of negligence.
There are several ways that negligence can be established after a serious truck crash, assuming that the injured party or parties are the occupants of a smaller vehicle, while the at-fault party is the truck driver or the truck company that employs this driver.
- Eye witness reports;
- Police accident reports;
- Photographic evidence;
- Crash investigation reports;
- Driver testing for blood alcohol content or drugs;
- Driver log records;
- Truck maintenance and truck condition reports.
This might sound a lot of work, but if there are thousands, possibly tens of thousands of dollars of damage requested in compensation, the thoroughness of the evidence that can be collected shouldn’t be taken lightly.
Crash investigations must be professional and unbiased
Some truck crash victims fail to realize just how important truck crash investigations are when it comes to providing evidence for a personal injury claim. The investigation is often left to the police officers at the scene of the crash, or worse, the trucking company itself. In the aftermath of any serious truck crash, where a truck company is potentially liable for a huge damage claim, the temptation to visit the scene of the crash as soon as possible is very high. There have been many reports in the past of tampering by truck crash ‘experts’ of important evidence that could possibly implicate the company or its employee. Vital evidence can be removed before it can be noted by more impartial investigators.
Police crash investigators are not necessarily very useful as far as providing evidence about negligence either. Police officers are trained to investigate crimes and do not necessarily have the training, tools or expertise to investigate the reasons for a crash. They are primarily interested in finding out whether a crime has been committed and then clearing the highway to allow the free flow of traffic. Police officers may even rely on ‘experts’ provided by the trucking company, who are likely to be soonest at the scene to help them ascertain what happened.
The best solution is for injured victims seeking compensation to arrange for a personal injury attorney to organize an investigation of the truck scene, the truck itself and truck company records. Most of this work won’t be done by the attorney, but with the help of technical experts brought into make as thorough investigation as possible. It makes sense that the sooner this is done, the better, as crucial evidence will be removed for ever once a crash scene is cleared.
If you have been involved in a truck crash anywhere in the vicinity of McAllen or neighboring region, contact a truck crash attorney at the Patino Law Firm as soon as possible.
Your chance of winning a personal injury claim is increased significantly by using our McAllen truck accident experience to provide advice, organize an efficient crash investigation and negotiate skillfully on your behalf with the truck company and its insurer. Contact the Patino Law Firm, serving McAllen, Mission, Edinburg & Pharr, Texas at 956-631-3535.