Have you been injured in an 18-wheeler accident in Central Texas? If so, you’re not alone. According to the Texas Department of Transportation, more than 32,000 commercial truck accidents were reported throughout the Lone Star State in a recent year, 184 of which occurred in Comal County.
The massive size and weight of a fully-loaded 18-wheeler can be devastating. Semi truck accidents commonly result in catastrophic damage and life-changing injuries, usually to those in much smaller passenger vehicles.
If you are struggling to make ends meet in the aftermath of a New Braunfels truck crash, you may be wondering about your legal options. Burch Law Firm explores Texas truck accident laws and how to know whether you can sue for compensation.
Elements of a Valid Truck Accident Claim
For several reasons, truck accident claims tend to be more complex than car accident claims. There are often multiple liable parties in truck accidents. In addition to the truck driver, potentially at-fault parties may include a negligent trucking company, truck mechanic or repair shop, cargo loading team, or manufacturer of a defective truck component.
To prove that you have a valid truck accident injury claim, you must be able to demonstrate the following four elements:
- Another party had a responsibility to avoid causing you harm – This could include a truck driver responsible for obeying traffic laws, a commercial carrier that should hire qualified drivers, or a manufacturer responsible for not selling defective parts and vehicle systems.
- The other party failed to uphold its responsibility – You must show that the other party was negligent in some way, either by action or inaction. Examples may include careless driving, negligent hiring or training, or faulty parts design or manufacturing.
- The other party’s negligence directly contributed to your injuries – It is not enough to simply show that the other party was negligent and that you were injured. You must illustrate a direct, causal link between the other party’s negligence and the harm you suffered.
- You suffered real, measurable losses as a result of your injuries – Finally, you must show that your injuries resulted in measurable losses for which you can be compensated. Examples include crash-related medical bills, lost wages, and even intangible losses like pain and suffering.
Proving Negligence in a Texas Truck Accident Case
Depending on the circumstances, you may be able to rely on one or more of the following types of evidence to prove negligence in a Texas truck accident injury lawsuit:
- Police accident reports
- Photos of the crash scene
- Video footage of the collision
- Statements from eyewitnesses
- Expert witness testimony
- Data from truck “black box” devices
- Data from driver electronic logging devices
- Truck driver cell phone and GPS records if distracted driving is suspected
- Trucking company dispatch instructions
- Trucking company hiring and training records
- Truck maintenance and repair records
- Cargo manifests and bills of lading
An experienced New Braunfels personal injury lawyer can help identify and gather critical evidence in your case.
Injured in a Truck Accident in Central Texas? The Burch Law Firm Can Help
If you have been injured in a truck accident, the Central Texas truck crash attorneys at Burch Law Firm will be ready to discuss your case during a free consultation. Contact us today by phone or online, and let us put our experience and resources to work for you.
