Drivers who get hit by a truck can get serious injuries that require expensive medical treatment. If you were a victim of this kind of accident, you must know that you have the right to seek compensation for your losses from the trucking company. If the trucking company’s insurer denies your claim, you can take your case to court. However, you must not delay filing your legal claim, as time matters the most in these cases, especially regarding the evidence that could support your claim.
The evidence you will need
Texas is an “at-fault” state, which means that you will need to prove that the truck driver was responsible for the crash if you want to receive compensation. However, insurers will take every opportunity to deny your claim. Because of this, you will need evidence to back up your version of the facts. You will also need proof if you decide to take your case to court, and the most critical evidence could be in the trucking company’s hands.
Federal law requires truck drivers to keep logbooks of their journeys and driving hours. The driver that hit you could have important evidence about the accident in their logbook. Additionally, some trucks have an electronic data recorder that records driving and break behavior, factors that would also be useful as evidence against them. Lastly, the trucking company could have video recordings or maintenance records from the truck. These pieces of evidence can be of great value during a legal claim.
Time-sensitive evidence
Getting evidence from the trucking company could make proving the other driver’s fault easier. However, this evidence can disappear if you don’t act fast. Federal law requires trucking companies to keep documents and records for only six months. If you file a claim six months after the accident, the evidence you need could disappear. Besides, you must consider that you only have two years after the day of the accident to file a personal injury claim in Texas. Also, the longer you take to file a claim, the fewer details the witnesses will remember.
Your right as a driver
You can recover your damages by filing a legal claim against the negligent trucking company or driver. If you win the claim, they will have to compensate you for your medical expenses, lost wages, car repairs and your pain and suffering. This is your right under the law, and you have the power to fight for it in court.