Proving Truck Driver Negligence for Your Accident in Texas

 Posted on October 25, 2023 in 18-wheeler truck accidents

When pursuing fair injury compensation after a truck collision, proving that the truck driver’s negligence caused the accident is crucial. Having a Texas lawyer on your side establishes liability by helping gather evidence and demonstrating negligence.

Thoroughly Documenting the Accident Scene

Photograph accident damage from multiple angles, including wide shots and close-ups illustrating vehicle positions, debris fields, and any skid marks or road evidence. Capture weather, lighting, and road conditions at the time. Photos provide evidence that would be hard to argue.

Do not forget to take photos of your injuries sustained immediately at the scene, if possible, as this documents their direct connection to the crash. Of course, this should be done only if it is not an emergency, as you should seek medical care before anything.

Securing Statements from Eyewitnesses

Get all of the contact information for all possible witnesses present, recording their account immediately if willing. Responding officers should interview witnesses for police reports, too. Your lawyer can get the reports later.

Even passing motorists may provide useful statements which can significantly help your case. Multiple consistent testimonies proving the truck driver’s fault substantially strengthen your claim. You can also gather business contact info for surveillance cameras near the scene.

Subpoenaing Defendant Truck Driver and Company Records

The police officer and lawyer can thoroughly inspect the truck driver’s personnel files, training records, certification history, logbooks, communications, and trip planning materials. They can also review truck maintenance files, inspection reports, prior collision details, and electronic driving data. Evidence of negligence may include the following:

• Falsified driving logs suggesting illegal operation while fatigued
• Incomplete training or lapsed certifications indicating incompetence
• Uncorrected mechanical defects that could have contributed to the crash
• Speeding, harsh braking, or erratic maneuvers based on truck data

An attorney can subpoena these vital records, seeking evidence of regulatory violations, safety deficiencies, and driver negligence.

Consulting Specialized Trucking Accident Experts

Working with specialized traffic collision reconstruction experts and engineers allows extensive analysis of road marks, vehicle damage patterns, and operating records to recreate the incident and determine causes and liability allocation conclusively. Their authoritative opinions can help tremendously as you prove truck driver negligence.

Recreating the Accident with Expert Help

Piece together evidence, witness statements, expert analysis, and records to conclusively map the accident sequence moment-by-moment. Demonstrate how the trucker’s negligent actions precipitated the crash. Certain public details, like a news story, may help. Leave no uncertainty regarding fault.

Contact a San Antonio, TX Truck Accident Lawyer

Trying to prove that a truck driver was being negligent can take time and energy. You deserve to have an Austin, TX truck accident attorney on your side to help. Call Alford & Clark Injury Attorneys at 210-951-9467 to start with a free consultation.