When an 18-wheeler accident occurs in Texas, determining responsibility for the crash is much more complex than in a typical car accident case. The truck driver and the motor carrier operate under federal and state regulations that involve special rules for truck drivers and trucking companies.
Violation of these regulations is often a very important part of a personal injury or truck accident wrongful death lawsuit. Issues such as a driver’s qualifications, hours of service, and maintenance requirements may play a role in some cases.
Multiple factors can determine fault in a commercial truck collision. Our Houston law firm has spent over 40 years investigating and winning 18-wheeler accident cases across Texas. Our extensive experience shows that successful truck accident lawsuits are grounded in a thorough investigation of multiple factors, including driver logs, onboard computer data, safety records, and whether federal trucking regulations were violated.
It is difficult for truck accident victims to understand the complex issues involved. That is why hiring a top-ranked truck accident lawyer as early as possible is a good option for injury victims. Below, we will explain the key factors in truck accident litigation.
Whenever there is a motor vehicle accident, the question becomes who is at fault for causing the crash. That is always the main issue in every case involving a car accident or an 18-wheeler.
The Federal Motor Carrier Safety Regulations set basic safety rules that truck drivers and trucking companies must follow. The regulations also address the duties and obligations of third parties, such as maintenance providers that may service the trucking company.
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Some of the major issues in some truck accident lawsuits are:
Recent technological advances have enabled trucking companies to track their drivers in real time and maintain statistical data on driver safety, including average speed and speed before crashes. Almost all trucks on the roadway today have an onboard computer that can capture the vehicle’s speed, braking activity, and other relevant factors to evaluate the truck driver’s performance at the time of the crash.
Additionally, more motor carriers are installing dash cams in their cabs, which can help prove a case quickly.
Truck accident lawsuits often require expert witnesses to reenact the crash or offer other testimony to help prove a case. Getting an early start in investigating a truck accident can help your case.
In extreme cases, where a driver may be under the influence of drugs or alcohol, other factors may be considered, such as where the driver became intoxicated and whether or not the bar or club may have some responsibility for the crash. Although drunken truck driver crashes are not frequent, they occur occasionally.
Drug abuse has been an issue in some litigation, as testing is required after a serious injury accident.
Another common issue is distracted driving because of cell phones. With the popularity of the iPhone and other smartphones, many accidents are caused by distracted drivers using their phones. Professional truck drivers are prohibited from using a handheld phone while driving the big rig.
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Hiring an experienced and successful 18-wheeler accident lawyer near Houston, who has been handling truck wreck litigation for decades, is a good first step for a victim on the road to justice.
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