Preserving Evidence after a Truck Accident in Texas


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Many of the two million semi trucks that are registered in the country are registered in Texas, Florida and California. Additionally, there has been an increase in commercial trucks in Texas since the implementation of the North American Free Trade Agreement. Because there are more commercial trucks on the roadway today, there are also an increased number of accidents involving these vehicles.

Serious Consequences of Truck Accidents in Texas

Due to the sheer weight and power of a commercial truck, accidents involving a vehicle of this massive size often result in serious consequences. Most often if a fatality occurs in an accident of this nature, it is from the driver or occupant in the passenger vehicle and not of someone in the big rig. The fatality rate in these types of accidents are higher than other types of motor vehicle accidents. If the occupants of a passenger vehicle do survive the incident, they often do so with catastrophic injuries.

What to do After an Accident

Individuals who are involved in accidents with a large commercial vehicle may be in shock. They may be confused and disoriented. It is vital for their health and the protection of their legal claim to seek immediate medical attention if they believe that they suffered any type of injury. Getting immediate treatment can help them minimize health complications. Additionally, seeking treatment also establishes the link between a serious accident and injury.

If the victim is not able to go to the scene of the accident, he or she may try to get someone to help him or her by asking them to take pictures of the accident scene. These pictures may show skid marks, vehicle damage, debris on the roadway and other important clues that can later help establish what happened in the accident.

If the victim remains at the scene of the accident, he or she should get information from the driver. He or she should ask for the driverís name and jot down his or her insurance information and contact information. Additionally, he or she should write down any information related to the truck, such as the name of the trucking number, license plate number, business phone number and truck identification. If any witnesses are present, their information should also be recorded. The accident victim should contact emergency personnel to document the accident and receive medical assistance, if necessary.

Investigation

It is important that an investigation be completed after a truck accident. There may be critical information that can be obtained after an accident, such as information stored on the commercial truckís onboard computer. Additionally, there may be paperwork and logs that the truck driver is required to maintain that may be relevant to the claim. Truck drivers are required to maintain accurate logs that detail their trips, how long they have been on the road and when they were resting. However, these logs often include inaccurate information to attempt to show compliance with federal regulations even when the driver or truck company was not compliant.

Paperwork may show that there may have been a problem related to the maintenance of the truck or reveal that a truck driver had some type of medical condition that the employer was aware of.
Insurance companies, personal investigators and lawyers may conduct such investigations. In many situations, the cause of the accident is related to the trucking company or truck driver violating federal trucking regulations.

Preserving Evidence

It is important to preserve evidence after a commercial truck accident. Documents kept by the trucking company and truck driver should be preserved. One way that this can be accomplished is by quickly retaining an experienced commercial truck accident lawyer who can alert the trucking company to potential litigation so that the trucking company is put on notice that it should not spoil or destroy evidence.

Another important aspect of evidence is the damage to the commercial truck. By comparing the damage to both vehicles, the cause of the accident may be narrowed down. Trucking companies may try to quickly repair their damaged vehicle to cover up this information or to get their vehicle back on the road quickly. However, this reaction can prevent an independent and objective investigation from being able to pinpoint the cause of the accident. A court order may be necessary to prevent the trucking company from taking this type of accident.

Contact a Commercial Truck Accident Lawyer for Legal Assistance

Due to the serious nature of commercial truck accidents, it is important to quickly retain an experienced commercial truck accident lawyer to protect your legal rights and your claim.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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