What Trucking Companies Do, and Why Victims Must Move Quickly
If you’ve been involved in an accident with a commercial truck, the first hours are crucial to ensure your case doesn’t get lost, misconstrued, or forgotten. The trucking company will move quickly to protect themselves (and the insurance company that is representing them), so you have to be ready to move just as quickly to properly position yourself as the victim. From our offices here in Richardson, Texas, the Car Crash Captain talks about what is going to happen, and how you must respond.
The Trucking Rapid Response Team
Trucking companies aren’t going to “wait and see” what happens after the wreck. They’re going to spring into action to ensure they’re as protected as possible. After a serious wreck, within a matter of hours, they will:
- Notify their insurance
- Dispatch a rapid response team
- Put their company lawyers on notice
- Coach their drivers on what statements to make
- Remove the truck from the scene (if possible)
Of course, not all trucking companies are going to be the same. Smaller and independent drivers won’t have these resources. But many of the bigger groups have experience with wrecks, and they know just what to do to cover their assets.
While you’re still in the ambulance, the trucking company is building their defense.
Getting Evidence in the First 24 Hours
Because they’re on top of it, you need to be as well. Fortunately, most of the evidence and data is legally required to be preserved, so you have a little bit of time to come to while you’re in the hospital. During this time, Herbert Law Group will help to collect evidence that supports your claim.
Since 2014 commercial trucks in the USA are required to use Event Data Recorders (EDRs). The more popular name as we know them comes from the airline industry: the black box. These recorders track, in real time, the truck’s speed, braking, steering, engine RPMs, seatbelt usage, GPS location, and more. This data can be cross referenced to your wreck to show just what was going on at the time of the crash. The FMCSA requires that records must be preserved for six months, but it can be overwritten if a formal request isn’t made to acquire that data.
This can fall under what is called spoliation of evidence. If a company fails to preserve evidence, especially after it has been put on notice, it doesn’t look good for them and might strengthen your case. Your attorney will make a formal letter to get all of the evidence necessary to help show you were the victim, including:
- Dashcam footage
- Driver qualifications
- Maintenance logs
- Drug or alcohol testing results
- Communications
- Hours of operation logs
When a company is facing a potential lawsuit that could soar into the millions of dollars, they’re going to do everything they can to make the evidence hard to get.
Why You Must Act Quickly Too
Because the trucking company is going to move quickly to obscure the evidence, you too must move quickly. Most of them will keep things above board; they won’t illegally hide or destroy evidence, but they might make it harder to acquire.
Failure to move quickly could hurt your case. You might even lose that case if you wait too long.
Fortunately, there’s hope. You obviously will want to seek medical treatment right away. You will want a good trail of medical records to provide as evidence. Don’t speak with the trucking company or their insurers. If you have your own dashcam, or if you (or someone else) were able to take photos and videos, keep those safe. And before you move forward with anything else, officially hire Herbert Law Group as your legal counsel.
ELD data can be overwritten. Dashcam footage might be “lost” or otherwise not preserved. Witness memories fade, and evidence changes rapidly. So, you must move rapidly as well.
Herbert Law Group Moves Fast
Just like the trucking companies will move fast, we will also move fast. Herbert Law Group has represented a lot of commercial truck accident victims right here in the Dallas, Texas area. We know what needs to be done, how to make formal requests, and keep things moving in your favor.
What we need from you, though, is a phone call. We need to know what happened so we can start formulating a plan to find you justice.
Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine our next steps.









