Operating an 18-wheeler filled to the brim with cargo is a highly-regulated and potentially dangerous process. Drivers must have special licenses and adhere to strict rules detailing their allotted driving hours and more. This is done to keep everyone safe: the drivers, the cargo, and fellow passengers on the road. 


Truck accidents can be catastrophic, especially when negligence is involved. If you have fallen victim to a truck accident due to the driver or another reckless party, you are owed compensation for your damages. To ensure you get the results you deserve, your best course of action is to hire a dedicated and knowledgeable attorney to help prove fault and the role it played in your injuries. This is done by establishing negligence and the direct connection it has to your accident. 


How to Prove Fault After a Truck Accident

While you focus on resting and healing from your truck accident injuries, your attorney can help begin an immediate investigation into your accident’s circumstances. This is primarily done to begin establishing an at-fault party, which can be executed through the three following steps:

 

Gather Evidence

To demonstrate negligence, you must collect and assess any potentially relevant evidence. For truck accident victims, this can include photographs or video footage from your phone at the accident scene. Do not worry if you were unable to do this because of safety concerns or any sustained injuries, as your attorney can help gather the time-sensitive information for you. 


They will work quickly to collect eyewitness testimony, traffic camera footage, police reports, and even detailed medical records to begin establishing negligence. 


Demonstrate Negligence Has Occurred 

Using the collected evidence, your attorney will able to fully demonstrate that:


  • You were owed a standard of care
  • That care was breached
  • The breach resulted in a truck accident
  • The truck accident resulted in your damages

These are known as the four components of negligence and are used as a tool to prove fault in personal injury claims. Texas currently follows a modified comparative negligence law, which means negligence can be shared by more than one party. 


For example, if you are found to have partially contributed to the factors leading up to the accident, you may be found a percentage amount liable for the accident and your damages. As long as you are not deemed more than 50% responsible, you may still recover damages. 


File a Claim for Damages

After identifying the liable party, you are entitled to file a claim with their insurance for damages. Your attorney will handle this aspect for you and ensure your claim is filed within the two-year statute of limitations deadline. A personal injury claim should thoroughly detail the exact cost of your losses, including future expenses. 


From here, negotiations will be made with the insurance company to identify a settlement offer both parties are comfortable with. If an agreement cannot be reached, our team is prepared to bring your case to court and fight for the financial justice and compensation you need to move forward. 


Injured in a Truck Accident? Our Team Can Help Today

Nobody should have to suffer at the hands of a negligent driver. Truck accident injuries can result in months of hospital visits, missed work opportunities, and even longer periods of recovery. 


When you partner with Byrd Davis Alden & Henrichson, LLP, you are giving yourself access to a people-first approach to personal injury. Our firm, which is one of the oldest and most reputable in Austin, will be there by your side to answer any questions you may have throughout the entire process, from the initial case evaluation to the final settlement agreement. 


To see how we can best help you today, please schedule a free consultation by calling (512) 454-3751 or using our contact form.