Delivery trucks are a common sight in many Houston or Dallas-Fort Worth neighborhoods thanks to the growing popularity of online shopping. The design of these delivery trucks, also known as box trucks, can make it difficult for drivers to see. Even with mirrors and other aids to help them see, drivers of these trucks can make a mistake that has unfortunate consequences. Delivery truck drivers are often inexperienced and pressured by their employers to make deliveries as quickly as possible. All of these factors lead to an increase in the risk of accidents.
Determining Liability for a Car or Truck Crash
There are many factors that go into determining liability for a delivery truck accident in Texas. These include:
- The truck driver’s behavior leading up to the crash. Most accidents are caused by driver error, which can be compounded when drugs, alcohol, fatigue, or distractions are also involved. The driver’s cell phone records should be examined to determine if they were using their phone at the time of the crash. If a driver has a record of speeding or reckless driving, this can also influence the case.
- The trucking company that employs the driver. It’s crucial to get information about the truck driver’s employment history and qualifications as well as details about the company’s hiring and training processes.
- Those responsible for loading the truck. When trucks are not loaded properly, the weight imbalance can cause the driver to lose control of the vehicle.
- The truck’s manufacturer. Although not as common, sometimes the vehicle itself is to blame for the accident—such as when a part is found to be defective.
Types of evidence used to prove liability for a car crash include:
- Photos or videos taken at the scene of the accident. Be sure to include the vehicles involved as well as the wreckage at the scene. Take pictures of skid marks or gouges in the road as well as stoplights, signs, construction, or other details at the scene.
- Statements from eyewitnesses. Be sure to get contact information for those who saw what happened.
- The police report. This will include the responding officer's take on what happened to cause the accident, which could help strengthen your case.
An experienced Texas car accident attorney can get all of the information that is needed for your case, including truck inspection reports, the trucking company’s compliance history, and other documents.
Damages You Might Be Able to Recover After Your Houston Car or Truck Accident
Determining liability for the crash is an essential part of getting the compensation you deserve. If you’ve been injured because of an accident with a delivery truck, you may be able to get compensation for:
- Medical bills, including costs for emergency services, hospital bills, physician charges, surgery, therapy, and rehabilitation
- Lost income, including future earning potential if you suffered a permanent disability
- Other financial costs related to the accident
- Non-economic losses, such as pain and suffering, mental anguish, physical impairment, or disfigurement
In some cases, juries may award punitive damages. These are applicable in situations when the driver’s behavior was deemed an intentional disregard for the safety of others. If it can be proven that a truck driver or trucking company knew of a substantial risk but drove anyway, they may be ordered to pay a significant amount of money.
Hire an Experienced Texas Car and Truck Accident Attorney
Truck accidents tend to be more complicated than other vehicle crashes because of the large amounts of money involved as well as the possibility of more than one defendant. This type of accident makes it more important than ever to have an experienced car accident attorney on your side. An attorney can deal with insurance companies on your behalf and help ensure you recover the maximum amount of damages.
Dealing with the aftermath of a crash can be overwhelming, especially when you are trying to recover from serious injuries. Contact The Button Law Firm to protect your rights. Since we work on a contingency basis, you do not have to pay us anything upfront. We only get paid if you recover damages. Contact us today to make an appointment for a free consultation.