Truck accidents are considerably different from car accidents. At the scene of the accident you call the police, get a report, seek medical attention if necessary, and contact the appropriate insurance company. This is rather straightforward, and in some cases rather simple. Trucks, however, are very different from handling car claims.
One of the reasons for this is because of the sheer size difference and the weight of the cargo carried. Trucks have a lot more inertia when they are carrying very dense products, and thus they exert greater force on smaller vehicles and pedestrians on impact, and can also take longer to slow down to a halt the truck was hit while moving. Lets take a closer look at some of the reasons why truck accident claims are handled differently than car accidents.
Determining Liability
In a car accident, you are most likely dealing with another driver using their personal vehicle. However, truckers can either be owners of their own trucks or hired by a transporation company. That can make a difference between who is actually liable for the accident. If the driver of the truck was under the influence of drugs, whether or not they were prescribed by a physician, during the crash, then likely they will be held liable. However, there is another possible scenario: most truckers are obligated to take a certain amount of time to rest to prevent fatigue. If the company is pushing drivers to push themselves too hard, then the company may be liable. The company may also be liable if it is found through hiring records that the driver was not qualified nor trained to drive a vehicle of that size.
If the accident was due to a faulty or defective part, then the manufacturer of the truck or the individual part can be liable for damages.
There are various laws that cover the trucking industry made by various agencies such as the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), and the U.S. Pipeline and Hazardous Material Safety Administration (PHMSA). These laws will more than likely affect the outcome of your truck accident case. Personal injury laws are very similar across different states, but some are specific to Texas.
How An Attorney Can Help
One of the best resources a personal injury attorney has is access to expert witnesses. These can be medical or police professionals, or experts on cars, trucks, and other automobiles. When the insurance company challenges your claims, the expert witnesses can provide testimony to the judge or jury explaining how and why the events transpired.
An attorney can also gather the necessary research to help prove liability, and will have access to important records such as driving logs, maintenance checks and repairs (if your injury was due to a faulty part), information on traffic accidents at problematic intersections, and whether or not proper procedures were followed to prevent cyclists or pedestrians from being struck by trucks, especially late at night or in the early hours of the morning when it’s dark out and work vehicles, such as garbage trucks or street cleaners, when night workers are getting home. There are so many ways an accident can happen, but no matter what you want an attorney who will get down to the bottom of it and fight for you. If you’ve been injured in Houston, then visit this website to find out more.
