Cinco Ranch Truck Accident Attorney
The Port of Houston is one of the busiest seaports in the nation. Fully-loaded large trucks, which weigh over 80,000 pounds each, come in and out of this porty almost 24/7. Even experienced drivers have a hard time controlling these massive machines. When they cause vehicle collisions, the injuries are indeed catastrophic. Most victims sustain serious burns and head injuries.
As trucks get larger and faster, these injuries become more serious. The truck accident fatality rate has grown significantly since 2007.
These victims and survivors are entitled to substantial compensation. But insurance company lawyers try hard to block such relief. So, you need an equally tough Cinco Ranch truck accident attorney from the West Law Office on your side. We do not relent until we obtain the best possible result under the circumstances.
Electronic Evidence in Truck Crash Claims
Traditional evidence, like the police accident report, is often sufficient to obtain fair compensation. But when such proof falls short, our Cinco Ranch truck accident attorneys usually turn to electronic evidence.
Evidence is critical in an injury claim. The victim/plaintiff must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Electronic evidence in a truck crash claim often includes the Event Data Recorder and the Electronic Logging Device.
ELDs are much like black box flight data recorders. Depending on the make and model, the ELD usually measures and records information like:
- Steering angle,
- Engine RPM,
- Brake application, and
- Vehicle speed.
Electronic evidence is much more specific than eyewitness or other evidence. A witness can testify that a truck was moving fast. EDR information conclusively shows that the truck was travelling 88.4mph.
An Electronic Logging Device is often critical in drowsy truck driver injury claims. ELDs are connected to drivetrains. So, when the truck is in motion, the ELD clock is ticking. If truck drivers are behind the wheel after they have been awake for eighteen consecutive hours, which is the equivalent of a long day at work, it’s like they are driving with a .05 BAC level. That’s above the legal limit for commercial operators in Texas.
Third Party Liability
Because the aforementioned injuries are often catastrophic, individual tortfeasors (negligent drivers) often don’t have enough insurance coverage to provide fair compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Vicarious liability theories, such as respondeat superior, give these victims an additional source of recovery. Employers, like transportation and shipping companies, are financially responsible for vehicle collision damages if:
- Employee: Most truck drivers are independent contractors or owner-operators for most purposes. But these drivers are employees for negligence purposes. The employer controls the driver in terms of things like freight hauled and delivery deadline.
- Scope of Employment: Texas law defines this respondeat superior phrase very broadly. Any act which benefits the employer in any way is within the scope of employment. In a workers’ compensation claim, an injury at an employee softball game is within the scope of employment.
Other vicarious liability theories, which often apply in assault or other intentional tort claims, include negligent supervision and negligent hiring.
Reach Out to a Dedicated Fort Bend County Lawyer
Personal injury victims deserve fair compensation for their serious injuries. For a free consultation with an experienced Cinco Ranch personal injury attorney, contact The West Law Office. Home and hospital visits are available.
