Unfortunately, many trucking
companies push their drivers too far for too long, causing others on the
roadways to suffer harm as a result. In order to preserve their financial
bottom line, trucking companies may look the other way when drivers fail to log
their hours properly or take necessary rest breaks. Drivers may feel pressured
to deliver their loads ahead of schedule in order to pick up another load,
leading to fatigued and/or reckless driving behaviors. In fact, a large number
of trucking accidents can be either entirely or partially attributed to truck
driver fatigue. When a driver violates federal trucking regulations, engages in
reckless, fatigued or distracted driving, or does not properly inspect his or
her truck, the consequences can be tragic.
What Your Truck Accident Attorney Must Know
Following a Texas trucking
accident, you may want to consider consulting with a highly experienced Houston
truck accident lawyer. That attorney
must have a thorough knowledge of how an 18-wheeler works, including the array
of on-board recording devices and data. The attorney will have an understanding
of log books, pre- and post- trip inspections and what the trucking industry
requires as far as training, supervision and retention of truck drivers.
A highly
qualified truck accident attorney will have specialized knowledge of the
medical and legal aspects of driver fatigue, sleep apnea and distracted driving
as well as the surety and insurance issues specific to the trucking industry.
To further show how complex this particular area of law is, consider that your
chosen truck accident attorney must know about such areas of liability as
broker-shipper, alter-ego and logistics company liability. The attorney must
understand the different laws regarding leased vehicles, leased drivers and
lease agreements as well as spoliation of evidence issues.
Why You Are at a Disadvantage Following Your Truck Accident
In most cases, even if you
hire an attorney immediately following your trucking accident he or she will be
starting out behind in the evidentiary curve; the trucking company will have
attorneys and experts on the scene literally within one to three hours. In some
cases these claims supervisors, forensic photographers, videographers and
attorneys will speak to the truck driver, giving advice on what answers the
driver should and should not give when questioned. Evidence which is crucial to
the accident victim goes missing in far too many cases following a trucking
accident as the barrage of experts close ranks to protect the trucking company
and the truck driver. The log books and the black box from the truck may even
“mysteriously” disappear after the accident unless your Houston truck accident
attorney is able to quickly subpoena and preserve such crucial evidence.
The Question of Liability
Interstate trucking cases are
uniquely complex as well as incredibly time-consuming and expensive to
prosecute. Hiring an attorney who has a thorough knowledge of the issues
surrounding a trucking accident is often necessary for a positive outcome.
Because there are a variety of defendants who may be part of the lawsuit, your
attorney will have to complete a comprehensive evaluation and assessment of all
available evidence. The trucking company may be held responsible, the driver
may be deemed negligent, the truck or a truck part may have malfunctioned or be
found defective, the company who loaded the truck could be at fault, or the
person or company responsible for maintenance of the truck could be held
liable. It is important that you choose your Houston truck accident attorney
carefully as this choice could have significant influence on your future after
your truck accident.
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