Tuesday, September 17, 2013

Preserving and Protecting Your Interests Following a Trucking Accident

While most truck accidents are serious—due to the sheer size of the truck—no matter how large or small the resulting damages and injuries, a Houston trucking accident is always treated differently than a “regular” car crash. Further, trucking accidents bring a host of new complexities into the mix. If your chosen attorney is inexperienced, your claim, as well as your future, can suffer irreparable harm.  Interstate trucking cases are unique, time consuming and expensive to prosecute, placing them in a very narrow legal niche.

 

Attorneys who practice within this niche will find themselves arguing against some of the best experts money can buy. After all, when a truck accident occurs, the trucking company who owns the truck and employs the driver will “circle the wagons,” sending attorneys and experts to the scene of the accident immediately. In nearly all cases the trucking company has considerably more financial resources than the person who was injured, therefore unless the victim of the crash has an experienced Houston truck accident lawyer by his or her side, the outcome may be less than positive.

 

What Your 18-Wheeler Accident Lawyer Must Know

The Houston truck accident lawyer you retain must have very specialized knowledge in order for your case to be successful. There are a number of state and federal regulations for trucking companies and their drivers who are held to a higher standard than regular motorists. The trucking accident attorney must be familiar with the federal regulations which govern interstate trucking as well as specific state trucking regulations in Texas. The vehicle dynamics of an 80,000 pound truck are vastly different from those of a 3,000 pound passenger car. Further, the driver qualifications and licensing requirements for a truck driver are very different from those of a person who is licensed to drive only a passenger vehicle.

 

The attorney who successfully handles trucking accident cases must have specific knowledge in the medical and legal aspects of distracted driving as well as sleep apnea and fatigue, the electronic devices on board the truck, log book requirements, pre and post trip inspections, surety and insurance issues specific to the industry, hiring practices and procedures and the trucking requirements for the training and supervision of truck drivers. The truck accident attorney must also have knowledge of dispatching, routing schedules, load procurement, hours of service regulations and a thorough understanding of how a large commercial truck actually works.

 

What Your Houston Truck Accident Lawyer Will Do For You

A highly experienced truck accident attorney will ensure your rights and interests are thoroughly protected by:

 

·         Sending a Texas truck accident reconstructionist to the crash site to collect evidence

·         Locating the “black box” from the truck and recovering pertinent data

·         Locating the truck’s GPS and discovering the coordinates at the time of the accident

·         Securing witness statements

·         Serving notice letters to the trucking company requesting that all evidence be properly preserved

·         Examining the trucking company’s insurance coverage, safety records and applicable licenses

·         Obtaining the police report

·         Obtaining a background and criminal history of the truck driver

·         Determining the best venue to bring the claim to court

 

As you can see, having a knowledgeable Houston truck accident attorney by your side immediately following the accident can be tremendous benefit to you and your case.  

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Author: Andrew Sullo
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