Pascoe Law FirmTRUCK ACCIDENT LAWYER
Principal office located in Friendswood, Texas.
Available to service League City, Webster, Pearland, Galveston, and the surrounding areas within Texas.
Truck Accident Insurance Claims
How do I know if I have a Truck Accident Injury Claim?
Difficulties of a Truck Accident Claim
The trucking industry works overtime to produce studies and testimony in order to shift blame for truck crashes from truck drivers to passenger car drivers. A lawyer with experience in handling trucking cases should be aware of the different types of misleading information and know how to counter these studies in court. Some of the other difficulties often encountered in bringing truck crash claims include:
- Falsification of Records: Companies may pressure truckers to falsify logs showing how long they have been driving without a rest. This pressure can lead to drivers being overworked and fatigued, which can result in accidents. Not all lawyers know the tricks the industry uses to reduce apparent drive time. A truck accident attorney should know how to discover if driver logs have been falsified. Similarly, a lawyer must be able to decipher hidden messages in company manuals that convey a company’s real (sometimes illegal) expectations about how to perform the job and how much to drive. Trucking industry support services sometimes facilitate log falsification, and thus truck crashes. For example, fueling stations have been known to refrain from printing the time of purchase on driver receipts, which if printed could help determine how much a trucker was driving. An experienced attorney will know how to uncover these scams.
- Company Rules Set Down on Paper But Not Followed: Federal and state regulations that are designed to reduce truck crashes by discouraging and preventing truck driver substance abuse are sometimes ignored. Attorneys experienced in truck accident litigation can identify deficiencies in the design and implementation of company procedures.
- Several Parties In Control of Equipment: Tracing the origins of an equipment failure can be difficult, considering the fact that something like a bad brake might have come straight from the truck’s manufacturer in that condition, might have been replaced in a shoddy manner or might have been maintained improperly. An experienced attorney will partner with a team of investigators and experts to pin down the cause of the brake failure and place blame for the accident on the appropriate parties.
- Litigation Financing: Government entities and large commercial trucking companies have extensive financial resources to vigorously defend themselves against claims and property losses. Your attorney may need to hire technical experts to identify the appropriate defendants in your case, analyze their level of responsibility and prove to a judge or jury that you, as the victim of the truck crash, are entitled to recovery. In serious or catastrophic injury cases, costly medical experts will also be required to show the extent of your injuries. Prosecuting a truck accident claim is complicated and requires the use of many resources. You should select a lawyer whose firm not only has ample financial resources to fight large and well-financed defendants but has consistently shown a willingness to use its resources vigorously to obtain optimum results for victims.
- The Advantage Goes to the Swift: The trucking company probably had its representatives at the scene of the truck crash almost as soon as the accident happened, whereas you may have been slow to act due to your injuries or shock. The most effective way to counter a trucking company’s early advantage is to obtain effective legal representation, without delay.
- Preserve Evidence: It is important to preserve evidence as quickly as possible. Critical evidence, like driver logs, computer records and on-board “black box” data – which can be decisive in proving why a truck accident occurred – must be secured before it is destroyed or disappears. Federal regulations permit trucking companies to destroy driver logs and other essential data after only six months. These items are often vital to lawyers and accident reconstruction experts in determining the causes of the accident. They should be retrieved and safely stored by your attorney while they are still available
Liability on the Part of the Trucking Company
Trucking companies may be responsible for the injuries and damages you sustained in your accident. For the trucking company to be vicariously liable for the truck driver’s negligence, the truck driver must be operating the truck while on the job and while in the scope of employment with the trucking company. On the other hand, an employer trucking company cannot be liable for a truck driver’s negligent actions if the driver was acting outside the scope of his employment at the time the accident occurred. This is true even if, at the time of the accident, the driver was operating a truck which was owned by the trucking company. For example, if the driver was off the clock at the time of the accident or was running a personal errand, it is far less likely that the trucking company will share in the liability. To determine whether a truck driver was within the scope of his or her employment at the time of an accident, courts often look to the following:
- Whether the accident occurred during a driver’s regularly scheduled working hours
- Whether the driver’s activities benefited the trucking company
- The length of time it took the driver to engage in any personal activity while driving
- The specific intent of the driver
The Insurance Company is Offering me a Settlement Offer, how do I Know whether to Accept that Offer?
Texas Truck Accident Attorney
Attorney, John D. Pascoe and the Pascoe Law Firm, is responsible for the content on this website, principal office and only office located in Friendswood, Texas. Servicing: Alvin, Angleton, Austin, Bayou Vista, Bacliff, Baytown, Beaumont, Brookside Village, Brownsville, Clear Lake, Chambers County, Corpus Christi, Dallas, Danbury, Dickinson, Deer Park, Eagle Shale Ford, El Lago, Friendswood, Fresno, Fort Bend County, Fort Worth, Galveston, Galveston County, Galveston Island, Harlingen, Harris County, Hitchcock, Houston, Jefferson County, Kemah, Lake Jackson, La Marque, La Porte, League City, Laredo, Liberty County, Manvel, McAllen, Montgomery County, Nassau Bay, Orange, Pasadena, Port Bolivar, Port Arthur, Pearland, Rio Grande Valley, Rosharon, Santa Fe, San Antonio, San Leon, Seabrook, Shoreacres, Sienna Plantation, South Houston, South Padre Island, Southbelt Ellington, Taylor Lake Village, Texas City, Tiki Island, Victoria, Webster, and throughout Texas.