What To Do If You've Been In A Truck Accident in Houston: Step By Step Guide

What to Do If You’re Involved in a Truck Accident

Truck accidents are unfortunately common, especially in states like Texas, which often leads the nation in such incidents. Knowing what to do if you find yourself in an accident with a truck is crucial for protecting your rights and ensuring you receive the compensation you deserve. Here’s a breakdown of essential steps and considerations after a truck accident.

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What to Do After Truck Accident*

If you are involved in a truck accident, there are critical steps you should take, especially if you are not seriously injured and can move around:

1. Document the Scene: Take photos of the scene, including the vehicles involved, skid marks, and any visible damage. If possible, photograph the truck driver and their vehicle.
2. Check for Impairment: If you can, check if the truck driver is impaired. Look inside the cab for any signs of alcohol, drugs, or other illegal substances.
3. Look for Electronic Evidence: Many trucks have GPS systems and other electronic devices that record data about the truck’s speed, braking, and other actions. Try to capture any visible devices before the truck is moved.
4. Gather Witness Information: Talk to any witnesses and gather their contact information. Their testimonies can be crucial later on.

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Common Causes of Truck Accidents

Truck accidents can happen for various reasons, with some of the most common causes being:

• Driver Fatigue: Many truck drivers push themselves to drive longer hours to make more deliveries, often violating Department of Transportation (DOT) regulations. Fatigue can severely impair a driver's ability to react in time.
• Impaired Driving: Some truck drivers may be under the influence of alcohol or drugs while driving, increasing the risk of accidents.
• Mechanical Failures: Issues such as brake failures or other mechanical problems, which may not have been addressed by the trucking company, are also significant causes of accidents.
• Inattention: Distracted driving, including texting or talking on the phone, is another leading cause of truck accidents.

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Who is Responsible for a Truck Accident?

Determining responsibility in a truck accident can be complex and may involve multiple parties, including the truck driver, the trucking company, or even a third party responsible for maintenance. Here’s how responsibility is typically assessed:

• Driver’s Fault: If the driver was speeding, on drugs, or distracted, they are usually found at fault. However, the trucking company’s insurance typically covers the driver.
• Company’s Fault: If the company failed to properly train the driver or neglected to fix known mechanical issues, they could be held liable. Additionally, if the company ratifies the driver’s negligent behavior, they could be responsible as well.
• Contributory Negligence: In some cases, the other driver may share some fault. In Texas, if the injured party is found to be more than 50% at fault, they may not receive any compensation.

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Importance of Legal Representation

One of the most critical pieces of advice is the importance of contacting a lawyer as soon as possible. Trucking companies and their insurers often have attorneys and investigators on-site quickly, and they will work to minimize the company’s liability. Having your own legal representation ensures that evidence is preserved and your rights are protected.

• Preserve Evidence: A lawyer can help send a spoliation letter to the trucking company, demanding they preserve all relevant evidence. If the company fails to comply, legal action such as a Temporary Restraining Order (TRO) may be necessary.
• Investigate the Accident: Your lawyer can hire experts to download the truck’s black box, which records crucial data such as speed and braking actions before the accident. This information can be vital in proving fault.

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When the Victim is Seriously Injured

If you or a loved one is seriously injured and unable to take these steps, it becomes even more crucial to contact an attorney immediately. Your attorney can take over the investigation, gather evidence, and ensure that nothing is lost that could be crucial to your case.

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Conclusion

Truck accidents are serious and often involve multiple layers of responsibility and legal complexity. By taking the right steps immediately after an accident and ensuring you have proper legal representation, you can protect your rights and increase your chances of receiving fair compensation.

If you’ve been involved in a truck accident and need legal assistance, visit caraccidentlawyershtx.com to find an experienced attorney who can guide you through the process. Remember, the sooner you act, the better your chances of a successful outcome.

Give us a call at +1 (888)575-7662 and our team will be more than happy to assist you.

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*This blog post/publication is not legal advice, it is legal information: For more information or to find legal help after a truck accident, visit a trusted legal resource. CarAccidentLawyersHTX is Paid Attourney Advertisement.

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