The Importance of Evidence in 18 Wheeler Accident Cases - Laredo TX Attorneys

Evidence is the crux of every accident claim, helping Laredo courts to determine fault, liability, and damages. In an 18-wheeler case, your lawyer must negotiate with the commercial insurance company, trucking company, and the other parties involved in the accident. Having strong evidence is how you win your case.

The Texas 18 wheeler accident lawyers at Carabin Shaw are skilled in evidence collection. We know how to find evidence that will help you prove negligence and maximize your compensation. To help you afford the best legal representation in Texas, we offer our services on a contingency-fee-basis, so you don’t pay us until we win your case.

The at-fault drivers in commercial trucking accidents have the support of their employer and the employer’s legal team. Companies don’t want to risk financial penalties or injuries to their reputation by making it easy to prove their negligence. Hiring a lawyer allows you to protect your right to discovery and quickly obtain truck accident evidence in Texas.

Without the help of a legal professional, injured victims may not know how to collect evidence from a trucking company successfully. The court may have to issue a subpoena to compel the trucking company to produce evidence. Although it is illegal to tamper with evidence, the trucking company may destroy, alter, or discard evidence that doesn’t help their case. Timely evidence collection is essential to an 18 Wheeler accident investigation in Laredo TX.

For the court to award victims compensation for trucking accident damages, the plaintiff must prove that the defendant was negligent. Trucking companies may be liable for the negligence of their employees through the concept of vicarious liability. They may also be negligent for poor hiring practices or not responding to previous instances of reckless behavior. Evidence that will help your attorney prove negligence includes:

• Dashcam videos: Today’s drivers often use vehicles equipped with video cameras that can reveal what happens inside and outside of a car during an accident.
• Witness testimony: Testimony from the truck driver, victim, and witnesses to the accident are all helpful in piecing together the circumstances that led to the truck wreck.
• Electronic Logging Device (ELD): The “black box” in a commercial vehicle records vehicle motion, hours of operation, engine motor power, and the identity of the authorized truck driver.
• Surveillance cameras: CCTVs belonging to local government or businesses can give a clear view of accidents within their field of view.

Laredo truck accident attorneys may file a lawsuit against a truck driver, the company that owns the vehicle, or both parties in a bifurcated trial. This means that the court first considers the driver's negligence before considering any punitive damages against the business. A negligent party must have insurance or the financial means to pay for your damages to get fair compensation. Your lawyer may recommend suing the truck driver and the trucking company to ensure sufficient resources are available for you to receive full compensation.

Texas is a shared fault state, meaning it will allow multiple parties to share in the liability for an accident. A plaintiff can collect compensation as long as their fault is not more than 50 percent. In a case with multiple at-fault parties, the court will award compensation that is proportionate to each party’s liability. Read our client reviews to learn about our clients’ financial recovery made possible through personal injury compensation.

Evidence collection is a critical part of the legal process, and the lawyers at Carabin Shaw collect evidence that proves liability, economic damages, and noneconomic damages so you can get the most compensation for your losses. Call our toll-free number at 800-862-1260 to schedule a free case review. We have English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.

For more information:

• TX Courts
• FMCSA
• Texas Statutes 33