Texas Truck Accident: What to Do at the Scene of an Accident
Unfortunately, accidents involving a truck trailer can be much worse than other accidents. It has been estimated that 10 percent of all fatalities are the result of a truck accident. As a result, having the advice and guidance of a good injury lawyer can make all the difference in the outcome of a case. In addition, an injury lawyer can advise a client on the laws specific to trucks. Consultation- If a person has been involved in a truck accident, the first step should be to consult an injury attorney. The attorney can determine if there is a case. He or she can also advise on who to sue and how much to seek for damages. There is only a case as long as the client is less than 50 percent negligent. In addition, there may be cause to sue more than one defendant, such as the truck driver and the trucking company. Damages can include a wide range of things from pain and suffering to loss of wages.
Complaint Phase- The first phase of a law suit is the filing of a complaint against the driver of the tractor trailer. The injury lawyer will file all the necessary paperwork. He will also respond to any counterclaims or any third-party claims that might be filed against the client. This can be a huge burden for an individual who is not knowledgeable of the process and the laws. Discovery- For the victim of a truck accident, the discovery phase can be scary and complicated. A good injury lawyer can take care of many of these details. He will investigate the trucking companies. It will not matter if it is out-of-state. He or she will also subpoena evidence such as the driving log and GPS records. If witnesses need to be interviewed for depositions, the lawyer will also handle all of those details.
4th. Is sleep time. Plan for sleep you need it. Don’t get caught up at a T.A. watching a moving or playing with your C.B. radio. 5th. Know when you get tired. Even though you may not feel like running because you just got loaded and it took all day. Run it to make up some time. 6th. Give yourself a cushion of time for break down and bad weather. 7th. Know where you will be getting fuel and plan for tolls. Think Ahead- Speed and distance, knowing your equipment and paying attention are all things you need to think ahead. These are major things that if ignored will cause a big accident. With truck driving you always have to be on the ball.
Eyewitnesses are sometimes reluctant to want to get involved but if you appeal to their sense of justice and fair play they will come around. Unfortunately, in this day and age insurance companies deny claims for practically any reason. If the other motorist does not admit fault, your claim can be tied up for years in litigation. Therefore a solid eyewitness statement, especially by someone you’ve never met before, is easily the most effective way to convince an insurance company to honor your claim.
Learn From Your Mistakes- Many truckers get into accidents because of 2 things. First they are over confident thinking they know everything. Second they may be under experienced and don’t bother to take for-thought. Like going down the mountain at a 7% grade at 80 miles an hour. There a trucker saying it is, “Once you think you know everything you might as well hang it up before you get yourself killed”.