How Do We Investigate Big Truck Wrecks for Our Clients?
Semi-truck crashes are different from accidents involving regular vehicles. Regardless of the specific circumstances of the crash, the investigation looks beyond the conduct of the truck drivers themselves, as truckers are also on the clock and representing their employers, who are themselves subject to strict state and federal regulations.
After a big truck crash, your primary job is to heal or be there for your injured loved one. However, we know you may be distracted by the details of the crash and impending case and feeling overwhelmed by what you don’t understand.
This article will fill in much of that information, and hopefully bring you peace of mind in the process. Read on to learn about semi-truck crash investigations, how they’re unique, and how an experienced truck wreck attorney can guide you through every step.
After a Truck Accident, Multiple Parties May Conduct Investigations
When you file a personal injury claim after being hit by a semi-truck, any entity being asked to pay for damages will investigate what happened, and how it happened. This is how they determine fault, who owes money, and how much those parties must pay. They then take that information into negotiations, trying to wrap the case up quickly and for as little money as possible.
After a crash with a commercial truck, you might make claims against the truck driver, their employer, or even another party involved with the cargo or the truck itself (such as a cargo loader, equipment manufacturer, or maintenance provider). You may seek financial compensation from multiple insurance companies, and they’ll each want to investigate.
Understand that large truck companies are prepared to conduct these investigations. They’re aware how much damage an 80,000-pound vehicle can cause, and work with insurance companies who have developed legal tactics to try to shift blame in your direction. We always tell clients to avoid speaking directly to the other party’s insurance company; they tend to try to get injured people to provide details on the accident and unintentionally accept at least some of the blame.
Your Personal Injury Attorney Will Also Investigate
We never let injured people go up against this sort of thing alone and unprepared. Although a claim hasn’t been filed against you, your personal injury attorney will conduct their own investigation into the crash.
How Much Is Your Case Worth in Katy, TX?
If you have been involved in a collision with a commercial vehicle on the I-10 corridor, the Grand Parkway, or any of the bustling thoroughfares in Katy, Texas, the question of “value” is likely the most pressing concern on your mind. Determining the worth of a truck accident case is not a matter of a simple calculator or a fixed formula. Instead, it is a meticulous reconstruction of your past, present, and projected future.
As experienced big truck wreck attorneys, we recognize that a settlement or verdict must serve as a bridge to your recovery. To build that bridge, we look at several critical pieces to determine the full scope of your losses.
The Components of a High-Value Claim
- Medical Expenses: Immediate and Long-Term
The physical toll of a semi-truck collision is often catastrophic. We don’t just look at the emergency room bill from Memorial Hermann Katy Hospital. We evaluate the total trajectory of your care. This includes diagnostic imaging (MRIs and CT scans), surgeries, physical therapy, specialized medical equipment, and prescription medications. Because commercial vehicles carry massive kinetic energy, internal injuries and spinal trauma are common, often requiring a lifetime of medical intervention.
- Lost Wages and Diminished Earning Capacity
A truck accident doesn’t just stop your car; it stops your life. If you are unable to work during your recovery, you are entitled to the wages you lost during that time. However, the calculation goes deeper: we must consider “diminished earning capacity.” If your injuries prevent you from returning to your specific trade or require you to take a lower-paying job, the law allows you to seek the difference in what you would have earned over the course of your career versus what you can earn now.
- Projections of Future Costs
Many victims make the mistake of settling before they have reached Maximum Medical Improvement (MMI). We work with life-care planners and medical experts to project what your care will cost ten, twenty, or thirty years down the line. If you will require knee replacements in a decade due to current trauma, or if you will need home health assistance, those costs must be factored into your demand today.
- Pain, Suffering, and Mental Anguish
In Texas law, “non-economic damages” are just as valid as a hospital receipt. This category covers the physical pain you endured during the wreck and throughout your recovery. It also encompasses mental anguish—the PTSD, anxiety, and depression that frequently follow a near-death experience with an 80,000-pound vehicle.
- Impact on Your Household (Loss of Consortium)
When a parent or spouse is severely injured, the entire family dynamic shifts. You may no longer be able to perform household duties, provide emotional support, or participate in the upbringing of your children as you once did. The “worth” of your case includes the tangible and intangible ways your family has been diminished by the negligence of a trucking company.
The Reality of the “Insurance Trap”
It is worth noting that the insurance company representing the trucking firm is not your ally. They often employ “rapid response teams” to arrive at crash sites within hours. Their goal is to gather evidence that minimizes their liability and to offer you a “quick settlement” while you are still in a state of shock.
These initial offers are almost always a fraction of what the case is truly worth. They are designed to make you sign away your right to sue before you even know the full extent of your injuries. Once you sign a release, there is no going back—even if you discover you need a $100,000 surgery six months later. Don’t fall for their trap. Research, legal counsel, and patience are your best tools for securing a fair outcome.
Who Was Responsible for Your Truck Accident?
Determining value is only half the battle; we must also establish who is footing the bill. Unlike a typical passenger car accident, truck accidents often involve multiple layers of liability. We analyze the crash to understand the “why” behind the “what.”
Common Causes and Negligence
Commercial truck crashes are rarely “accidents” in the sense that they were unavoidable. Usually, they are the result of a chain of failures:
- Speeding and Aggressive Driving: Under pressure to meet tight deadlines, drivers often exceed the safe speed for their massive loads, especially in the unpredictable traffic of the Katy area.
- Driver Fatigue: The Federal Motor Carrier Safety Administration (FMCSA) has strict Hours of Service (HOS) regulations. Yet, we frequently find “cooked” logbooks where drivers have stayed behind the wheel far past the point of exhaustion.
- Improperly Loaded Cargo: If a trailer is overloaded or the weight is off-center, it can lead to jackknife accidents or tire blowouts.
- Neglected Maintenance: Worn brake pads or balding tires on a semi-truck are ticking time bombs. Trucking companies are required to perform regular inspections, but these are often skipped to keep the fleet moving.
- Subpar Training: A “CDL” doesn’t always mean a driver is experienced. Some companies put “rookie” drivers in complex situations without adequate supervision or safety training.
The Role of the Trucking Company
In many cases, the company itself is more responsible than the individual driver. When a company creates “unrealistic delivery expectations,” they are essentially incentivizing their drivers to break the law. They may hire drivers with a history of safety violations or fail to conduct required drug and alcohol screenings.
The trucking industry is subject to many strict regulations, including licensing requirements, rest break requirements, and safety protocols. However, in our experience, trucking companies and drivers frequently bend and break these rules to maximize profits. Our job is to dig through the digital data—the “Black Box” (Electronic Logging Device), GPS records, and maintenance logs—to find the truth.
Who Was Responsible for Your Truck Accident?
Next, we analyze the crash itself to understand who truly caused it and why. Common causes of crashes involving commercial trucks include but aren’t limited to:
- Speeding
- Unrealistic delivery expectations
- Driver fatigue
- Improperly loaded cargo
- Neglected vehicle maintenance
- Dangerous lane changes
- Cell phone use
- Subpar training
- Not checking blind spots
- Substance use
The trucking industry is subject to many strict regulations, including licensing requirements, rest break requirements, training and safety requirements, required maintenance, and more. However, in our experience trucking companies and truck drivers frequently bend and break these rules in order to make more deliveries and maximize profits.
How We Investigate Trucking Companies and Drivers
Many things about investigating truck accidents are the same as they are in regular car accidents. We get your account of what happened, eyewitness statements, the police report, any available video footage, and details about the road and weather conditions.
After that, things are a bit different. Unlike regular drivers, truck drivers are on the job and held to stricter driving standards because of the dangerous nature of their vehicle. Part of investigating a semi-truck crash is investigating an employee and the company they work for.
Not all of this documentation is easy to get, but included in what we’ll try to see are:
- Driver activity and break logs
- Dash cam footage
- Employer records
- Recording software in the truck itself
- Cell phone records
Because some trucking companies—certainly not all, but many—try to hide evidence and past negligence, we come from various angles to ensure we have all we need to get the truth.
For example, a commercial trucking company might claim to provide top-notch training and hire only drivers with spotless driving records. However, upon further investigation, we may discover that the training programs are out of date and the driver in question has a history of speeding. To secure these details, a truck accident lawyer may need to dig deeply through interviews and research.
Trucking companies often maintain large insurance policies and work with robust legal teams to defend themselves. Personal injury lawyers counter that by working with medical experts, accident reconstructionists, and trucking experts to uncover the truth.
We Work Quickly to Protect Your Rights
Many of the critical records need to prove fault in commercial truck accidents, such as electronic logging devices, can be legally destroyed by trucking company after a set period of time. Far too often, we see companies attempt to hide and eliminate incriminating evidence at their earliest opportunity, rather than doing what’s right.
And that’s not the only evidence that can disappear with time. The longer you wait, it may become difficult or impossible to collect evidence at the scene, get third-party dashcam or security camera footage, or follow-up with eyewitnesses while their memories are fresh.
As soon as possible after your hire our firm, we’ll identify any potential sources of evidence and work quickly to protect and access them.
When Are Investigations Over?
Investigations continue until we have what we need to show you deserve full and fair financial compensation. While certain forms of evidence are time sensitive and won’t be accessible forever, our legal team will keep uncovering relevant information when we think there’s more to know.
Sometimes, investigations and negotiations aren’t enough. After difficulties with insurance companies and commercial truckers, we may be forced to file a lawsuit or even take the case to trial. We do all we can to settle before that point, but are always ready to represent you aggressively if need be.
Will Adams Law Firm: Katy Truck Accident Attorneys
At Will Adams Law Firm, we’ve handled our fair share of big truck wrecks. We know what evidence we need, and we know where to look for it. If you’re feeling overwhelmed by the prospect of building a solid case, let us take some of that burden from your shoulders.
Our family has been in the Katy area for generations, and we care deeply about the people in our community. We are honored to guide you through the process of securing the compensation you deserve, whether it’s with efficient negotiations or a jury trial.
To schedule your free consultation today, call our office at (281) 371-6345, or use the simple contact form on our website. We look forward to working with you!
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
