Establishing Liability in Truck Accident Cases
Truck accidents injure thousands of people in the United States every day. In many cases, people sustain extremely serious injuries, often resulting in substantial medical expenses, lost income, and physical and emotional pain and suffering. Fortunately, victims may hold another party liable for their losses under Texas law and are legally entitled to compensation.
Negligence, Fault, and Liability
To hold someone liable for an accident, victims must establish that they were at fault for the accident—which is another way of saying that their negligence caused the wreck. As a result, establishing liability typically involves uncovering evidence of negligence, which is the failure of a person to use the degree of care that someone in the same or similar circumstances would ordinarily use. Negligence can take many forms and is specific to the context of a particular situation. In the context of operating a truck, some common examples of negligence include:
- Speeding
- Distracted driving
- Following too closely
- Making improper turns
- Changing lanes without signaling
- Driving on the wrong side of the road
- Impaired driving
- Violating federal trucking regulations
As a victim, note the significant majority of truck accident cases are uncontested. This means that the at-fault party concedes liability, so there is no need to conduct an investigation about how or why the accident occurred. In cases in which liability is contested, however, both parties try to collect evidence supporting their cases.
If you find yourself in this position, retain a truck accident lawyer as soon as you can to represent you. Any delay could result in the destruction of evidence needed to prove that the other driver was at fault. In addition, in many cases, at-fault truckers or truck drivers are reluctant to give up evidence that indicates their fault for an accident, and may simply ignore your requests or give you the runaround. An attorney familiar with Texas trucking accident litigation will use a legal process known as discovery to compel the production of evidence.
Evidence that may establish liability in a truck accident case includes:
- Onboard computer data
- Hours of service logs
- Maintenance records
- Driver medical records
- Internal hiring policies
- Driving records
- Surveillance footage that may have captured the accident
An attorney will take the time to fully evaluate your case and attempt to discover and obtain any evidence that may support your position that another party’s negligence caused your accident.
Call Us Today to Speak with a San Antonio Truck Accident Attorney
When truck drivers and trucking companies cause serious accidents, victims are often entitled to significant compensation under Texas law. At the Law Offices of George Salinas, we represent the rights of truck accident victims and make sure that they receive the full and fair value of their claim. To schedule a free case evaluation with a San Antonio truck accident lawyer, call our office today at (210) 225-0909 or send us an email through our online contact form.