Truck accidents across the state of Texas are a frequent occurrence. Because of the size of a tractor-trailer versus the size of a pickup truck or passenger car, in most semi-truck accidents, serious injury is a foregone conclusion. In Houston, some of these incidents involve criminal acts by truck drivers, which can further complicate the aftermath and legal proceedings.
In most 18-wheeler accident cases, the cause of the truck accident is simple negligence on the part of the commercial driver. The truck driver not paying attention, speeding, following too close, or being distracted by something in the cab causes a wreck.
In a few cases, the truck driver’s conduct exceeds simple negligence; in such cases, criminal charges and punitive damages may be appropriate.
Examples of trucker behavior that have resulted in substantial jury verdicts in civil court and lengthy criminal sentences are the drug-using trucker or the intoxicated truck driver. We have secured numerous substantial settlements when we have been able to prove outrageous conduct by the truck driver or their company.
Drug and alcohol use are some of the most serious types of criminal truck driver behavior; the conduct is even more offensive to our community, given that an 80,000-pound vehicle has the potential to wipe out whole families in a fraction of a second.
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In other 18-wheeler accident cases, actions such as falsifying logbooks to drive more miles, or truck companies putting unqualified and inexperienced drivers to work, and allowing an out-of-service vehicle to be used on our roadways, can lead to potential punishment or exemplary damages, also known as punitive damages, in a truck accident lawsuit.
However, cheating on logbooks is not considered a crime. While it can enhance civil damages and portray the truck driver and the trucking company in a negative light at trial, the odds of being charged criminally are essentially zero.
Most truck accident injury cases are simply civil claims made against the truck driver and their employer due to the driver’s negligence. However, when a truck driver commits a crime, such as driving under the influence of drugs or alcohol, there may be civil and criminal cases.
A civil case and a criminal case are separate. A District Attorney in Texas will determine whether charges are appropriate for the driver’s conduct. If the driver is found guilty, they may be fined or sentenced to jail. Unfortunately, sending the truck driver to prison does not help the family who has lost a loved one or someone who has been severely injured in the accident.
With a personal injury, you may elect to pursue a civil case for personal injury or wrongful death damages through an attorney experienced in truck accident litigation.
If the truck driver has been charged with a crime, critical evidence must be preserved from the criminal investigation. Evidence such as videos of sobriety tests, lab tests for drugs or alcohol, and other matters should be obtained.
The family should engage a competent attorney as soon as possible to take steps to ensure that incriminating evidence in a criminal case does not get destroyed.
Criminal defense attorneys routinely request the destruction of evidence after a plea arrangement. Taking action to prevent the loss of vital evidence is necessary to ensure the availability of that critical evidence.
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If you’ve been injured in a Texas truck accident and want to speak with the leading Texas truck accident lawyer in Houston, call 1 (866) 758-4529 to learn your rights, options, and next steps.
Our truck accident firm has been handling Texas truck accident claims for over 40 years and has an unmatched record of success.
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