Interstate 35 runs directly through Waco, carrying passenger vehicles and commercial trucks across Central Texas every day. Commercial truck accidents can result in severe injuries, and determining who may be legally responsible can require an investigation.
Truck accident cases can involve trucking companies, commercial insurance policies and federal safety regulations, making them more complex than many passenger-vehicle claims. Evidence can also disappear or become more difficult to obtain over time, so early investigation can be critical.
Choosing an experienced commercial truck accident attorney can be an important part of protecting your legal rights. If you were injured in a commercial truck crash in Waco or McLennan County, understanding what to look for when choosing a lawyer can help you make a decision.
What Does a Truck Accident Lawyer Do?
Understanding what a truck accident lawyer does can help you decide whether an attorney has the experience and resources to handle your case. Every case is different, but a lawyer may take several steps when investigating and pursuing a commercial truck accident claim.
Examine the Evidence
One of the first actions a lawyer will take is to gather and analyze the evidence available. Reviewing evidence includes looking at pictures or videos of the vehicles involved in the crash, investigating the scene of the accident, reviewing police reports and interviewing witnesses.
Depending on the vehicle and circumstances of the crash, an attorney may also seek electronic data that could provide information about the truck's operation before or during the collision. Other evidence may include:
- Driver logs
- Maintenance and inspection records
- Employment records
- Dispatch information
- Data from onboard systems
Because some evidence may be controlled by the trucking company or another party, an attorney may also take steps to request that relevant records, electronic data and other evidence be preserved.
Determine Who May Be Liable
Truck accidents can involve more than one potentially responsible party. After reviewing the available evidence, an attorney can evaluate whose actions may have contributed to the crash. Depending on the circumstances, potentially responsible parties can include:
- Truck driver
- Motor carrier or trucking company
- Owner of the truck or trailer
- Maintenance or repair provider
- Cargo loader or shipper
- Manufacturer of a defective vehicle or component
Review State and Federal Trucking Regulations
Attorneys who handle commercial truck cases should understand the state and federal laws that may apply to the trucking industry. Depending on the circumstances, an attorney may examine issues involving:
- Driver qualifications
- Hours of service
- Vehicle inspection and maintenance
- Cargo securement
Evidence that a driver or motor carrier violated an applicable safety requirement can be relevant when evaluating negligence or liability.
Identify Damages
A truck accident attorney can also document the losses associated with a person's injuries. Depending on the circumstances, recoverable damages may include economic and noneconomic losses.
- Economic damages can include medical expenses, lost income, reduced earning capacity and property damage.
- Noneconomic damages may include losses such as physical pain, mental anguish, physical impairment or disfigurement.
Under Chapter 41 of the Texas Civil Practice and Remedies Code, exemplary damages are intended as a penalty rather than compensation and generally require clear and convincing evidence of fraud, malice or gross negligence.
File a Lawsuit if Necessary
Not every truck accident claim requires a lawsuit. However, litigation may become necessary when:
- Liability is disputed
- The parties disagree about the extent of a person’s damages
- A fair resolution cannot be reached through negotiations
When choosing an attorney, consider whether the lawyer has experience preparing cases for litigation and is willing to take a case to trial when appropriate.
Why Should I Hire a Truck Accident Lawyer?
Many personal injury attorneys handle truck accident cases on a contingency-fee basis, meaning the attorney's fee is generally based on a percentage of the client's recovery. Prospective clients should ask how the firm's fee agreement works, including how case expenses are handled.
Hiring an attorney can also allow an injured person to focus on medical treatment and recovery while the attorney handles communications, negotiations and other aspects of the legal process.
Truck accident claims can involve multiple parties, commercial insurance policies, specialized evidence and federal or state regulations. An attorney experienced in these cases can investigate the crash, communicate with insurers and other parties, evaluate potential damages and handle litigation when necessary.
What Should I Look for in a Waco Truck Accident Lawyer?
Choosing a commercial motor vehicle crash lawyer is no simple task. There are many excellent attorneys ready to represent you, and it may feel overwhelming to make a choice. When you need a Waco truck accident lawyer, consider these qualities:
Experienced in Commercial Motor Vehicle Injury Cases
Ask whether the attorney has handled commercial truck cases before and how those cases differ from ordinary passenger-vehicle claims. Experience can help an attorney recognize important evidence, regulations and responsible parties earlier in the investigation.
Resources to Investigate the Case
Commercial truck cases can require extensive investigation, records, expert analysis and litigation expenses. Ask whether the firm has the resources to thoroughly investigate the crash and develop the evidence needed for the claim.
Has Trial Experience
Many cases are resolved without going to trial, but you may want to ask about the attorney’s litigation and trial experience. If a fair resolution cannot be reached, your lawyer should be ready to pursue the case in court when appropriate.
Someone You Feel Comfortable Working With
Because you may work closely with your attorney throughout the case, you should feel comfortable communicating with them. Use the consultation to assess whether the attorney listens, answers questions clearly and makes you comfortable asking questions.
Good Communication Skills
You should also be able to communicate with your lawyer easily. Commercial accident cases can take a considerable amount of time. Your attorney should answer questions and provide regular updates.
Look at Reviews
Client reviews can provide insight into people’s experiences with a law firm, especially regarding communication, responsiveness and client service. Consider looking at more than one source and remember that past results and experiences do not guarantee the outcome of a different case.
Questions to Ask During a Consultation
Before hiring a Waco truck accident lawyer, consider asking:
- How much of your practice involves commercial truck accident cases?
- Who will be responsible for handling my case?
- What evidence would you want to preserve or investigate?
- Have you taken truck accident cases to trial?
- How will you keep me informed about my case?
- How does your contingency-fee agreement work?
- Who is responsible for case expenses?
A consultation can help you compare attorneys and determine whether a particular lawyer and firm are a good fit for your needs.
Talk to a Waco Truck Accident Lawyer
The Carlson Law Firm has a Waco law office serving injured clients in Waco, McLennan County and throughout Central Texas. If you were injured in a commercial truck accident in Waco or McLennan County, our lawyers can help you understand your legal options.
Our truck accident attorneys can investigate the circumstances of the crash, identify potentially responsible parties and help determine what compensation may be available based on the evidence. Contact The Carlson Law Firm today to schedule a free consultation.
