Don’t Go It Alone After a Truck Accident – The Insurance Company Definitely Won’t

The company could be charged with negligent hiring if the driver did not have a valid commercial driver’s license or had a history of distracted or drunk driving.


A total of 581 people were killed in Texas truck crashes in 2020, while another 1,245 were seriously injured and more than 7,000 suffered non-disabling injuries. These statistics make Texas the state with the highest number of fatal commercial vehicle accidents in the country. Besides the pain, what all these families affected by the tragedy have in common is one thing: they all need money to cover their medical expenses or their funeral expenses, not to mention the financial struggle to stay afloat while the breadwinner is incapacitated. Technically, the insurance will cover financial damages, but to get that money, you’ll need the help of the best Texas truck accident attorneys you can find.

If you want to recover damages, you will have to prove that someone else is responsible for what happened, to establish negligence as lawyers call it. With car accidents, it’s easier because it’s between you and the other driver. In truck accidents, other parties may be held responsible, at least in part, for the accident. This is the main reason you want an experienced Houston truck accident attorney to work on your case, to determine liability. Maybe it’s the trucking company that should be held responsible, the manufacturer or the freight company.

When you contact an accident attorney, they will listen to your story to see if you have a case. Once they decide you are eligible for damages, they will conduct their own investigation. This will include visiting the accident site, talking to eyewitnesses, reading the police report, and requesting tons of documents from the trucking company. You should hire a lawyer as soon as possible, as they need to get hold of these documents before they go missing. Usually, an experienced truck accident attorney will immediately send a formal letter to the company asking them to keep all documents regarding that truck as well as the driver.

For example, the company could be charged with negligent hiring if the driver did not have a valid commercial driver’s license or had a history of distracted or drunk driving. Plus, they’ll learn about the training the driver received before someone handed them the keys to a big truck and let them loose on the roads.

Connecticut police administer the test on one leg to a driver after an accident. Photo by Versageek, courtesy of Wikimedia Commons. CC BY-SA 3.0

At the same time, your attorneys will check the driver’s log to see how many hours he did in the seven days before the accident. Driver fatigue is a common cause of truck accidents and the company can be held liable if it is the company that insists that he continue driving when, by law, he should have been resting.

Another important part of the investigation concerns the technical condition of the truck. The trucking company is responsible for this, so if the brakes or steering system failed, you can file a lawsuit accusing them of negligence. Many truck accidents are caused by an unbalanced load. If the load suddenly shifts in the middle of the highway, even the most experienced drivers will have difficulty controlling the vehicle.

Once they have decided who is to blame, your lawyers will help you estimate the damages you deserve. Under the law, you can claim economic damages, covering your medical expenses and lost wages, but also non-economic damages to compensate you for your pain and suffering.


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Justin D. O'Neill