As a Houston truck accident lawyer, DeSimone Law Office has handled many trucking accident cases over the past 30 years. Because of the size of a truck, these accidents can cause some of the most severe property damage and personal injuries. Although the damage may be clear, proving that the driver of the 18-wheeler is at fault is always difficult.
Truck Drivers Usually Have the Advantage in an Accident
Truck drivers are taught what to say and what not to say after an accident. We believe they are trained never to admit fault under any circumstances. If the driver is local, they are taught to call their home office so a team of people can rush to a scene in an attempt to hide evidence of fault and convince the police to write any report in their favor.
Normally, the driver of the truck is feeling fine because he was in the safety of a big rig at the time of the accident. In the meantime, the injured party, normally in a much smaller vehicle, is either carted off to the hospital immediately or is still at the scene in a state of pain and shock from the truck accident. Either way, the trucking company and their associates get to tell the police officer their side while the injured party is either physically unable to share their side, or is approached by an officer before they have a chance to recover and compose their thoughts. These circumstances are normally played out at the scene of the accident.
Of course, this is assumes that the truck driver has even stopped after the accident. Many times, they flee the scene after an accident in the hopes of not being discovered.
Evidence Gathering is Crucial in the Early Stages of a Trucking Accident Case
An in any other accident, witness testimony and physical evidence at a truck accident scene are crucial to recovery on personal injury claims. As difficult as it may be when injured at an accident scene, the injured party must try to get photos of the vehicles and the vehicles’ positions after the accident. Names and numbers of any witnesses must be obtained when possible.
Unfortunately, if you are being carted off to the hospital, it may be impossible to get these pieces of evidence. We have had former clients call us from the scene of an accident where we advise as to what to do. In some cases, we have sent out own investigator to the scene to secure evidence. In cases of severe injury, we will retain the services of an accident reconstruction expert. This individual is expertly trained in reconstructing accidents after the fact. This expertise can overcome the items on the police report that are in favor of the truck driver when they are obviously a result of the trucking company representatives controlling the scene of the accident.
If you have been in an accident with a truck, set yourself up for success by bringing a team of people to your aid. An experienced auto accident attorney will take the action necessary to make sure you obtain the justice you deserve.
